Semi-open regime and its impact on citizen security

Abstract

The high-value scientific article examines the various amendments to the Comprehensive Organic Criminal Code (also known as COIP) and the Regulations of the National Social Rehabilitation System (RSNRS) in relation to the semi-open regime from its introduction to the present date, considering that, in Ecuador, the social rehabilitation system aims to gradually reintegrate persons deprived of liberty (PPL) into society, using three regimes: closed, semi-open and open. The analysis focuses on the provisions of Article 113 of the Organic Law Reforming the Comprehensive Organic Criminal Code, which adds a subsection to Article 698 of the COIP that establishes restrictions on persons deprived of liberty who are serving sentences for the following crimes: murder, femicide, contract killings, crimes against integrity and personal liberty resulting in death, robbery resulting in death, crimes against sexual and reproductive integrity, trafficking in persons and smuggling of migrants, crimes of violence against women or members of the nuclear family, bribery, extortion, embezzlement, illicit enrichment, money laundering, unjustified private enrichment, crimes of illicit trafficking of scheduled substances subject to high and large scale control, terrorism, organized crime, cattle rustling resulting in death and serious violations of human rights and crimes against international humanitarian law (National Assembly, 2021)

The Constitutional Court, in Judgment 69-21-IN/23, states that persons who have been sentenced for any of the aforementioned crimes, regardless of the penalty imposed, cannot benefit from the semi-open regime and must serve the entire sentence imposed by default. The Court stated that the distinction pursues a constitutionally legitimate purpose, related to the prevention of serious crimes, human security and peaceful coexistence, and concluded that it is reasonable and proportionate in relation to the legitimate aims pursued. In addition, it indicated that this is framed within the margins of legislative configuration in criminal matters and, therefore, is not contrary to the principle of equality and non-discrimination. (JUDGMENT OF THE CONSTITUTIONAL COURT, 2023) Emphasizing that this "does not imply a regression in the rights of people deprived of liberty to access a social rehabilitation system, to receive dignified treatment, to benefit from public policies and plans to achieve comprehensive rehabilitation and reintegrate into society."