El delincuente primario y la suspención condicional del procedimiento como mecanismo para la aplicación del principio de mínima intervención

Abstract

With the entry into force of the Organic Integral Penal Code in 2014, the Conditional Suspension of the Penalty was incorporated into the legal system as a procedural tool with which it is intended to make effective the minimum intervention of criminal law in the Ecuadorian Legal System; leaving in turn, to consider the figure of the Conditional Suspension of the Procedure, in force in the Code of Criminal Procedure since March 2009. With this paper, we show that the legislator has violated constitutional rights since it is evident that, with the excuse of safeguarding constitutional principles such as the minimum penal intervention and thus avoid the sentenced person to serve a sentence, on the contrary, they stigmatize him before society before which he must "reintegrate" with a suspended sentence, as a gift from the State, compared to what is sought precisely in the treatment of primary offenders and the least possible affectation with the application of the Conditional Suspension of the Procedure and not of the Penalty.