La restricción de delitos para la aplicación del beneficio carcelario del régimen semiabierto según el Código Orgánico Integral Penal.

Abstract

This document shows how criminal law has been developed in search for social rehabilitation, that is, how the Constitution of the Republic of Ecuador has been adapted over the years, to create a concept for this benefit, as well as the guarantees of this right based on international humanistic principles such as the right to equal application and law without discrimination. This research, it is based on a qualitative and exploratory methodology used to allow the analyze of several authors, jurisprudence in and doctrine that will help the analysis of the general objective in question, in order to understand the need to restrict the access to the application of the regime for the benefit for those in situation of freedom deprivation. to obtain the semi-open regime The investigation focuses on article 698 of the Código Orgánico Penal Integral, since there’s a list of restricted crimes contemplated so that the person who receives the sentence, even in compliance with requirements for time and others such as documentary requirements. It forbid him from being part of the progressive social rehabilitation system, not adding himself to the semi-open regime. There will be various basis and concepts presented that will help to create an idea of why, since 2008 in the new Constitution of the Republic of Ecuador, which considers people deprived of liberty, members of a group of vulnerability or priority attention, even so there is a delimitation that could be interpreted as a discriminatory application or without applying the right to equality.