Análisis del decreto ejecutivo 355 sobre el indulto a las personas privadas de libertad.

Abstract

This research aims to analyze Executive Decree 355 on the pardon of persons deprived of liberty, determine the relevance of the Decree as a mechanism to reduce prison overcrowding, and analyze whether or not it guarantees the primary purpose of Prison Social Rehabilitation. A descriptive research was carried out with the support of legal instruments, as well as Spanish, Colombian and Argentinean legislation, to establish a comparative analysis among them, starting from the research about prison overcrowding, and the violation of several principles, such as the principle of equality due to the existence of crimes with prison sentences equal to or even less than those of the crimes regulated by the Decree. The desired results are to perceive the relevance of Executive Decree 355 in improving the prison situation concerning the existence of overcrowding, as well as to determine compliance with the main purpose of social rehabilitation. In conclusion, this research work directs its results as an important analysis of the country’s prison situation. Through it, the State may search for adequate mechanisms to safeguard the guarantees of both the inmates and victims.