Post by rajiyakhatun406 on Feb 11, 2024 23:13:40 GMT -5
The suspension of custodial sentences is regulated in arts. 80 to 87, of Section 1 "of the suspension of the execution of custodial sentences", of Chapter III "of the alternative forms of the execution of custodial sentences and of conditional freedom", of Title III "of penalties", from Book I of the Penal Code . The purpose of the suspension is to avoid the effective fulfillment of short-term custodial sentences, being generally applicable to those that do not exceed two years, as short sentences are aimed at the re-education and social reintegration of the person. punished, in accordance with the provisions of art. 25.2 of the Constitution and has a discretionary nature , as the verbal form "may" is used.
The different types of suspension are: – ordinary suspension (art. 80.1 and 2 of the Penal Code) [1] , which requires that the offender be a primary offender, that the penalty or the sum of those imposed not Ecuador Email List exceed two years, without including the calculation of the resulting the application of art. 53 of the Penal Code and the satisfaction of civil responsibilities; – ordinary suspension with prohibitions or duties (art. 83 of the Penal Code), when necessary to avoid the danger of committing new crimes, may be conditioned to compliance with the prohibitions and duties indicated in sections 1 to 9 of the aforementioned article and In the case of violence against women, those indicated in rules 1, 4 and 6 will be imposed; – ordinary suspension with benefits (art.
The Penal Code), in which the judge can condition the suspension to compliance with the benefits or measures regulated in the aforementioned article and in the event that the offended party is one of the persons to whom those referred to in section 2 of art. 173, that established in the 2nd section [2] may only be imposed when it is proven that "there are no economic relations between them derived from a marital relationship, cohabitation or filiation, or the existence of a common descent" [3] – extraordinary suspension (art. 80.3 of the Penal Code) [4] , extraordinary suspension in cases of very serious illness with incurable conditions (art. 80.4) [5] and extraordinary suspensions in cases of drug dependence or alcoholism (art. 80.5 of the Penal Code), which is the object of this article and which will be developed throughout it.
The different types of suspension are: – ordinary suspension (art. 80.1 and 2 of the Penal Code) [1] , which requires that the offender be a primary offender, that the penalty or the sum of those imposed not Ecuador Email List exceed two years, without including the calculation of the resulting the application of art. 53 of the Penal Code and the satisfaction of civil responsibilities; – ordinary suspension with prohibitions or duties (art. 83 of the Penal Code), when necessary to avoid the danger of committing new crimes, may be conditioned to compliance with the prohibitions and duties indicated in sections 1 to 9 of the aforementioned article and In the case of violence against women, those indicated in rules 1, 4 and 6 will be imposed; – ordinary suspension with benefits (art.
The Penal Code), in which the judge can condition the suspension to compliance with the benefits or measures regulated in the aforementioned article and in the event that the offended party is one of the persons to whom those referred to in section 2 of art. 173, that established in the 2nd section [2] may only be imposed when it is proven that "there are no economic relations between them derived from a marital relationship, cohabitation or filiation, or the existence of a common descent" [3] – extraordinary suspension (art. 80.3 of the Penal Code) [4] , extraordinary suspension in cases of very serious illness with incurable conditions (art. 80.4) [5] and extraordinary suspensions in cases of drug dependence or alcoholism (art. 80.5 of the Penal Code), which is the object of this article and which will be developed throughout it.