Aplicación del principio de favorabilidad en ejecución penal: régimen semiabierto y prelibertad

Abstract

The principle of favorability constitutes a fundamental guarantee in due process, as well as in the enforcement of custodial sentences, that is, during the execution phase. This principle has been recognized both nationally and internationally. This research analyzes the scope and application of favorability during the execution of sentences as established by the Comprehensive Organic Criminal Code and the Code of Execution of Sentences. To this end, a doctrinal and jurisprudential analysis is employed, which visualizes the normative evolution and legislative reforms that impact the criteria of ultra activity and retroactivity of criminal law. Despite several pronouncements by the Constitutional Court on the subject, unfortunately, there is no reform or article dedicated specifically to regulating the execution of sentences in reference to prison benefits such as early release and semi-open prison, based on the effective date of the COIP. Finally, the research concludes that, while the principle of favorability is the basis of criminal law, its effectiveness depends entirely on proper judicial interpretation.