La excepcionalidad de acceder al beneficio penitenciario del régimen semiabierto a las personas privadas de la libertad por delito de tráfico ilícito de sustancias sujetas a fiscalización en alta escala y el análisis del inciso sexto del artículo 698 del Código Orgánico Integral Penal

Resumen

The objective of this study was to analyze the exceptionality of accessing the penitentiary benefit of the semiopen regime to persons deprived of liberty for the crime of illicit trafficking of substances subject to control on a high scale and the analysis of the sixth paragraph of article 698 of the Organic Integral Criminal Code. To this end, it was necessary to identify the criminal exceptionality that limits access to the penitentiary benefit of the semi-open regime, in the context of persons deprived of liberty; on the other hand, the elements that made it possible to show that the restriction of access to the semi-open regime violates the principle of equality and nondiscrimination of persons deprived of liberty were established. The methodology used for this study was framed in the pragmatic paradigm of qualitative type with documentary theoretical approach. As techniques, the interview addressed to an expert in the subject that was investigated and the bibliographic file were applied. The result obtained was that the reform of article 698 directly affects persons deprived of their liberty who are serving sentences for this crime of illicit trafficking in substances scheduled for control, which becomes a social, economic and family problem, added to the violation of their human rights; concluding that, the expectation of those deprived of liberty is to access the penitentiary benefit of the semi-open regime once 60% of the sentence has been served. The results made it possible to propose a strategy to be implemented to allow access to the semiopen regime for persons deprived of their liberty and who are serving a sentence for the crime of illicit trafficking in controlled substances.