The Ministry of Health will endorse and certify the cases, the SNAI prepares the file and sends it to the judge.
On the afternoon of November 26, the Government announced the procedure for inmates suffering from illnesses catastrophic, terminal, multidrug-resistant tuberculosis and TB-HIV coinfection may benefit from presidential pardon established in Executive Decree 265, signed by the president of Guillermo Lasso.
The decree establishes fundamental requirements to request forgiveness of the penalty: the defendants must have an enforceable sentence, not register pending criminal proceedings against them and not be convicted of imprescriptible crimes, as well as for embezzlement, influence peddling, illicit association, human trafficking.
Neither will those who have been sentenced for crimes against life (murder), crimes against sexual integrity (rape), violence against women, torture, cruel treatment, genocide, against humanity, influence peddling, usurpation, simulation of public functions, front manism, illicit enrichment, extortion, money laundering, illegal money raising and organized crime.
The pardon for inmates with catastrophic and terminal illnesses has exclusions. Lawyers advise surveillance mechanisms
Through a statement, the National Service for Comprehensive Attention to Adults Deprived of Liberty and Adolescent Offenders (SNAI) reported that The process to obtain clemency is as follows:
- A reserved technical body of the Ministry of Health will be in charge of endorsing and certifying (with approval) the cases that comply with the parameters of the pardons.
- With this information, the SNAI will prepare the file and send it to the corresponding judge. In addition, the entity verifies that the requirements of the decree are met.
- With the complete documentation, the judge studies and defines each case.
The SNAI statement indicates that the presidential decision is part of the actions of the Ecuador rescue plan. In addition, it clarifies that forgiveness of prison sentences is granted. However, it is reiterated that This does not extinguish the comprehensive reparation that each one must respond to. of those who benefit from the pardon. Neither are the fines or non-custodial penalties imposed by a final sentence eliminated. (I)
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