La Inaplicación de las Garantías Penitenciarias en los Sentenciados por el Delito de Lavado de Activos en el Ecuador

Abstract

Within this work, an in-depth analysis has been carried out on two very important topics currently in the field of criminal law, one of them is penitentiary guarantees. In this work, a historical account has been made of how penitentiary guarantees were born in Ecuador, its advances, benefits and scope. An analysis of penitentiary guarantees has been carried out taking as a source several authors who deal with the subject and clarify the rights of those deprived of liberty, over time, being necessary to see this to understand the rights acquired by these citizens, also in this Section has discussed the application of regulations corresponding to the phase of the execution of the sentence, which is contemplated in the Comprehensive Organic Penal Code (COIP). Another topic discussed is the crime of money laundering, taking as a source several dogmatic sources, with authors who explain the origin of this crime, its object, type of crime, scope and form of regulation in the country, in response to this a inclusion of our article 317 of the COIP, where this illegal act is classified. Finally, regarding the object of study, an in-depth analysis has been made of the reform carried out on December 24, 2019, its transgression of constitutional rights and non-application of penitentiary guarantees, demonstrating the distinction to those sentenced for this type of crime, limiting in this way the rights of those deprived of liberty.