Los efectos de las reformas al COIP con respecto a la rehabilitación y reinserción social de los PPL.

Abstract

This study analyzes the effects of harsher criminal penalties in Ecuador, as stipulated in the reforms outlined in Supplement No. 599 of the Official Register, dated July 12, 2024. These reforms increase penalties for specific crimes in response to social demands for greater public safety. However, they have sparked controversy over their consistency with the purposes of punishment as recognized in the Constitution, the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym), and international standards, particularly those concerning rehabilitation and social reintegration. The main objective of this study is to determine whether the recent reforms align with the rehabilitative purpose established in Article 52 of the COIP or, conversely, whether they consolidate a punitive model of a deterrent and retributive nature. To this end, a qualitative approach was used with a non-experimental, explanatory, and descriptive design, supported by doctrinal, criminological, and comparative analyses. The results confirm that increasing penalties, rather than facilitating reintegration, aggravate and deepen structural problems in the prison system ―such as violence, overcrowding, lack of effective rehabilitation programs, and the violation of rights. These conditions hinder the prevention of recidivism and worsen the living conditions of persons deprived of liberty. Consequently, criminal justice reforms emphasize punishment over rehabilitation and social reintegration, creating a significant conflict between the normative framework and the reality of their implementation.