The legal secretary of the Presidency, Fabián Pozo explains the content of the project and says that there is still no delivery date.
The Legal Secretary of the Presidency, Fabián Pozo, He explained the scope of the reform project that the Executive is preparing with the support of the State Attorney General’s Office to improve the country’s Social Rehabilitation System, as mentioned by President Guillermo Lasso on the night of this Monday, November 15. The Government has not yet announced a date for the shipment.
Expand the scope of authorship by organizational domain; facilitate the auctioning of seized assets to criminals linked to drug trafficking, money laundering and other transnational crimes; reform the structure of the National Service for Attention to Persons Deprived of Liberty (SNAI) and the Board of Directors; and expanding the regulation of the progressive use of force are the official proposals.
The reforms are part of a series of measures announced by the government to try to curb the prison crisis. Last weekend, 62 prisoners were killed and 44 wounded in a new massacre.
Pozo stressed that the issue of authorship by organizational domain is not about the definition of a new crime, but rather about an expansion of what is already contained in article 42 of the Comprehensive Organic Criminal Code (COIP) to punish the perpetrators who they dominate the drug trafficking mafias and other transnational crimes.
The Government proposes to expand and apply a legal figure that punishes the heads of criminal gangs
“The theory of domain by organization, although it is already recognized in the current COIP, needs to be perfected and expanded for easier application. Anyone who orders a subordinate to be killed by someone in an organization is also an author, he is not a simple accomplice, he is also an author ”, added the legal secretary.
Regarding the reforms to the structure of the SNAI, the legal secretary of the Presidency pointed out that it is necessary to clarify in the regulations the powers of this service as in charge of the administration of prisons and, on the other hand, of the Board of the Technical Agency of the National System of Social Rehabilitation, which is in charge of the part of social rehabilitation with labor reintegration and other components.
Regarding the progressive use of force, the regulation of which for police officers and prison guides is already established in the COIP, Pozo stated that reforms will be proposed on this issue to provide security and guarantees to the forces of order, in order to “not are unjustly criminalized when they have been in the correct exercise of duty ”.
“It would be necessary to reform the scope for the Police, the prison guides, now, for example, cannot have lethal weapons,” said the secretary, and preferred not to advance whether the military would be included in the regulation of the progressive use of force.
“I think so, but we still have to review it with the Attorney General’s Office, the Ministry, I do not want to pronounce categorically yet on that point,” he said.
The last sentence of the Constitutional Court (CC) on this issue declared unconstitutional on the merits and the way the Agreement of the Ministry of Defense, that regulated the progressive use of military force.
More than 300 inmates murdered nationwide during clashes between criminal gangs inside prisons
Pablo Encalada, criminal lawyer, pointed out that the mediated authorship by organized power apparatus, the regulation of the progressive use of force and the confiscation of assets from drug trafficking and other crimes are nothing new and that what should be restructured is the SNAI, but without a reform of the Law is required, but through an executive decree or regulation.
Encalada argued that the mediated authorship by organized power apparatuses is stated in article 42 of the COIP, numeral 2 of the mediated authorship, literal d, which reads: “Those who exercise command power in the criminal organization.”
Regarding the progressive use of force, Encalada affirmed that reforms are not necessary either, since article 30.1 of the COIP already regulates it and, in states of exception, when the military acts with the police in a complementary manner, they apply the same regulation to the two forces.
“The principle applies to everyone, they can use weapons in use of the principle of the state of necessity, legitimate defense and the progressive use of force, no reforms are necessary,” emphasized the criminal lawyer.
In the National Assembly There are different criteria regarding the penal reforms announced by President Guillermo Lasso.
Henry Kronfle, from the Social Christian Party (PSC), said that “they will look forward” to the bill to analyze it and combat crime.
Nevertheless, Alejandro Jaramillo, of the Democratic Left (ID)He argued that what is really needed is for justice operators to properly apply the rules. “There are 37 projects dammed in the Justice Commission” that should be dealt with, he added.
In addition to these reforms, the Government ordered coordination between the Armed Forces and the National Police “to maintain order and security within and outside the prison system indefinitely, in accordance with the Constitution and the Law.”
The Council of the Judiciary and the National Court of Justice will also coordinate actions within the scope of their powers to expedite the procedures for penitentiary benefits requested by inmates who have the right to benefit from pre-release.
The Council of Citizen Participation and Social Control will promote the participation of citizens in dialogue tables to accompany a process of comprehensive reparation, by the State, to the families affected by this tragedy.
Pardons will be issued to people with catastrophic illnesses who are in prisons. (I)
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