Inmates will be eligible if they have a final conviction and do not register pending criminal proceedings. The measure seeks to reduce prison overcrowding.
Through Executive Decree 264, President Guillermo Lasso granted a pardon in favor of all persons deprived of liberty (PPL) who have been sentenced for the infractions provided for in articles 383 or 386 of the Comprehensive Organic Criminal Code (COIP).
They refer to traffic violations. Article 383 establishes a penalty of five to fifteen days in prison, and a reduction of five points in the driver’s license, for the person who drives a vehicle whose tires are smooth or in poor condition.
Article 386 establishes a penalty of three days, a fine of a basic salary and a reduction of 10 points in the license, for first class traffic violations, among which are: people who drive without having obtained a license; the driver who is absent from work to the authority or traffic agent; and the driver who exceeds the speed limits.
According to Decree 264, signed by Lasso on November 22, the presidential pardon consists of the total forgiveness of the custodial sentence.
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“In no case does this presidential pardon extinguish the obligation of integral reparation that each one of the receivers of the pardon is responsible for, including those of a pecuniary nature. Neither are the fines or other non-custodial penalties imposed by a final sentence extinguished, ”the document clarifies.
Requirements
To receive forgiveness of the sentence, the Decree establishes that the person deprived of liberty must meet the following requirements:
- Have an enforceable conviction for one of the aforementioned offenses
- Not have criminal proceedings pending against you.
Procedure
The National Service for Comprehensive Attention to Adults Deprived of Liberty and Adolescent Offenders (SNAI) will be in charge of verifying the identity of the PPL that meet the requirements.
Once these aspects have been verified, the SNAI will send a report to the competent judicial authority, in order to proceed with the release of the inmate.
Exhortations
Lasso urges the Judicial Branch, through the Council of the Judiciary, to provide all the necessary resources and guarantees so that the judicial authorities can be diligent in processing pardons.
In addition, the Public Defender’s Office is exhorted to provide the corresponding sponsorship to the people who will benefit from the provisions of the president.
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Among the reasons that support Lasso’s decision, and that appear in the Decree, is that the social rehabilitation system drags a scenario of prison overcrowding, which, although it has been reduced in the last year, is still close to 30% especially in the larger rehab centers.
Likewise, it is stated that the social rehabilitation system faces episodes of violence derived from the presence and actions of criminal and drug trafficking organizations, which is why it is justified to take actions for inmates who do not represent risk or danger to society, who in turn, it will help reduce overcrowding. (I)
Mario Twitchell is an accomplished author and journalist, known for his insightful and thought-provoking writing on a wide range of topics including general and opinion. He currently works as a writer at 247 news agency, where he has established himself as a respected voice in the industry.
