About 16,141 pre-liberties and changes of regimes nationwide qualified the judges of prison guarantees, in charge of these processes.
Pre-release and the semi-open regime are the two figures that allow to the prisoners get out of jail before he has served his sentence. From 2019 to September 1, 2021, the Social Rehabilitation Service (Snai) indicated that 16,141 prisoners left the prisons of Ecuador using these legal benefits.
Who were convicted with the Penal Code previous (repealed in 2014) use the figure of pre-release. The penitentiary guarantees judges, who are in charge of these processes, review the requirements to resolve. Among the requirements are: having complied with 40% of the judgment, present a certificate of being at minimum security level, have a report issued by the Snai stating that they are not a risk to the safety of other people and attach documents that indicate where they will live after leaving prison.
For those who were sentenced with the Comprehensive Penal Code in force (Coip) and take advantage of the semi-open regime, lThe requirements are similar. The difference is that those interested in using this legal benefit must serve at least 60% of their sentence within a rehabilitation center.
Before December 2020, when the Assembly reformed the COIP, there were no restrictions for those seeking to get out of prison early. In other words, anyone who has committed any type of offense could benefit from these benefits.
Since last year, the Legislative included in Article 698 of the Coip a list of crimes that are not subject to prison benefits. There are, for example, those indicted for murder, femicide, hit man. The reform also prevents those who committed acts of corruption such as bribery, concussion, embezzlement or illicit enrichment from being released before prison.
Why do people who were sentenced for corruption come out?
The law It is not retroactive and the reforms that appear in Art. 698 of the COIP they apply to those who have been sentenced after the changes took effect; that is to say, those who have been sentenced since January of this year.
Among the people who received the benefits are prosecuted for acts of corruption that broke out in the government of Rafael Correa (see graphic) and even criminal mafia leaders like aka JL, murdered after his release from prison a year ago. The figure of the semi-open regime was also granted in 2019 to the former president of the FEF, Luis Chiriboga, sentenced for money laundering and was used this week to favor Ricardo Rivera, uncle of former vice president Jorge Glas.
Cases of correísmo
Name: Alecksey Mosquera
Position: Former Minister of Electricity
Crime: Money Laundering
Sentence: 5 years.
In 2020 he served three years of his prison sentence
He took advantage of the semi-open regime.
Name: Marco Calvopiña
Position: Former Manager of Petroecuador
Crime: Illicit Association
Sentence: Six years
In February of this year, he joined the semi-open regime.
He was in prison for four years and a month.
Name: Ricardo Rivera
Accusation: In charge of receiving bribes to deliver his nephew Jorge Glas
Crime: Illicit Association
Sentence: Six years
In December 2017 and remained until yesterday in the Guayas Regional.
Position: Former Vice President of the Republic
Crime: Illicit association and bribery
Sentence: 6 and 8 years, respectively
He presented a request to unify his sentences. Once resolved, you can benefit from a prison benefit.
