Implementar penas no privativas de libertad en las contravenciones de tránsito estipuladas en el artículo 385 del Código Orgánico Integral Penal.

Abstract

This work addresses the subject "Implementation of non-custodial sentences in traffic offenses stipulated in article 385 of the Organic Comprehensive Criminal Code". For which the theories of Special Prevention and General Prevention have been considered, the same ones that propose penalties in a social and economic way, but not as a punishment, the deprivation of liberty generates social conflicts. Taking into account that in the case of traffic offenses there is no particular victim to whom to repair damages, the victim is the state and that is why the tightening of economic and social sanctions is proposed, this would reduce the overcrowding in the Ecuadorian Detention Facilities, according to the data collected this would eliminate part of the overcrowding in the prisons, in the same way it would avoid expenses for the state, these items are proposed to be invested in a true rehabilitation within the Penitentiary Centers. By reforming article 385 of the COIP, a mechanism is being sought to reduce overcrowding, which is intended to guarantee the safety and integrity of offenders who drive vehicles while intoxicated. This reform seeks to avoid social problems such as loss of jobs and destruction of homes at the moment of losing freedom, the purpose of punishment is not to punish; its purpose is to reach social conscience without generating collateral damage to human beings.