Execution Of Sentences In The Accusatory Criminal System

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Execution of sentences in the accusatory criminal system

Introduction

The Mexican penitentiary system is identified by its overpopulation, due to its lack of conditions that ensure a dignified life, lack of judicial control, arbitrary transfers and excessive sanctions. It faced a crisis derived from the lack of adequate national policy and the transgression of the human rights of the penitentiary population, which evidenced structural deficiencies that should be resolved with respect to this matter

These realities were those that encouraged to seek the transformation of said system. The first states to seek a solution to these circumstances were Chihuahua, Sinaloa and the State of Mexico.

This was how in 2008, with the modification to the constitutional article 18, a prison system was established that recognizes the human rights of persons deprived of liberty, establishing administrative and judicial treatment and procedures for the enforceability of their rights, as well as theControl of criminal execution through specialized courts who have the task of monitoring and controlling the execution of the penalty.

In this text we will mention the reasons why a reform of the penitentiary system was necessary, ranging from its administration, organization, procedures and change of perspective of basic concepts and principles that govern the matter.

Developing

The penitentiary centers expressed difficulties, were in crisis, did not have organization, infrastructure, living conditions and security, that would be adjusted to the needs of the penitentiary population.

The Mexican penitentiary system was characterized by the excessive use of preventive detention and high levels of overpopulation, an inconvenience, which brings with it problems of overcrowding, lack of decent conditions to live, of governance, corruption by the prison authorities, as well asAs privileges for inmates, the obstacle of keeping the defendants of those sentenced and control over the arrests and the duration of penalties, etc.

The foregoing, together towards unattainable social reintegration and the administration of justice, generating direct or indirect human rights violations.

It was evident that a modification was needed to laws and legal mechanisms that governed the prison system. Therefore, an initiative for the creation of a Federal Code of Execution of Sanctions was raised, which raised types and characteristics of the establishments, the systems and principles that would govern the sentenced inmates and those that were under process, prison authorities, obligations ofThe officials and personnel of the penalties, rights of the inmates, also described the functioning of the elements of social reintegration through an individualized treatment, that is, in general, it dealt with issues related to the prison regime and procedural provisions.

Before the 2008 reform, penitentiary establishments, specifically the execution of sentences were in charge of the Executive, that is, their duty was the organization, supervision and application of standards related to the execution of sentences and security measures.

The current criminal justice system arises with the constitutional reform of 2008, establishing a penitentiary system that recognizes the human rights of persons deprived of their liberty, and gives the Judiciary the power to execute the judged, thus limiting the executive power exclusively toPrison administration.

It should be noted that the reason is that, the stage of execution of sentences wanted to be unified, because this interrupted the criminal process, the right thing was that the Judiciary had all the stages of the process under its control, so it is createdThe figure of the judgment of execution of sentences, which concluded the process, so that it would comply with the sentences issued.

The judicialization of the sentence execution stage, the obligation of the State to allocate the relevant resources to strengthen the prison system and the creation of infrastructure for compliance, generates.

It is important to note that Sinaloa, Chihuahua and the State of Mexico, marked an important precedent, were the first states that prosecuted this stage.

Now, there are national and international laws that establish and protect the human rights of persons deprived of liberty. Therefore, the most relevant and mandatory international and mandatory treaties in our country that correspond to know are: Universal Declaration of Human Rights, American Declaration of the Rights and Duties of Man, International Covenant on Civil and Political Rights, American Convention on Human Rights on Human Rights, Convention against torture and other cruel, inhuman or degrading treatment or sorrows, Inter -American Convention to prevent and sanction torture and minimum rules for the treatment of inmates.

International legislation recognizes the situation of special vulnerability of this population group and the need for judicial control, not only in terms of the execution of penalties but also with respect to the conditions in which it must be met.

In the same way, they agree that all prisoners must continue to enjoy human rights and fundamental freedoms enshrined in these systems, except with the exception of the limitations established by the fact of being in seclusion. That is, the prison sentence constitutes the deprivation of the person’s liberty but without losing the rest of their rights.

It is also important to emphasize that they establish the implementation of appropriate measures for the protection of human rights because the State has the obligation to have facilities that meet the conditions that guarantee a dignified life, as well as ensure that, after the fulfillment of a penalty,Inmates achieve effective social reintegration.

Derived from the foregoing, the statement of the reform of human rights of 2011 cannot be omitted, which in accordance with the constitutional article 1, all authorities within the scope of their powers, have the obligation to promote, respect, protectand guarantee human rights in accordance with the principles of universality, indivisibility and progressivity.

While it is true, that the 2011 reform allows to demand the action of the authorities according to human rights, the reality is, that in some circumstances, the violations of the conditions of seclusion come from the human and material insufficiency of the State to attend them.

The above gives off the obligation of the execution judge must be to protect, guarantee and respect human rights, which are the basis of the prison and means for social reintegration.

To make clear the modifications of the aforementioned reform of 2008, I allow myself to make some details and differences that seem relevant to me:

The central axis of constitutional reforms is the recognition of the person deprived of their liberty as a subject of law to achieve positive social reintegration

It is incorporated into the constitutional article 21 that “the imposition of penalties, its modification and duration are its own and exclusive to the judicial authority”, which resulted in the breakdown of the discretionary power that the previous regulations conferred to the Executive the Executive the Executive andModification of deprivation of liberty which, added to the modifications to the Constitutional Article 18, meant a new reintegration system.

Preventive prison had been used as a mechanism to guarantee the achievement of a criminal procedure, although its imposition was a general rule, it is true that the reform, I seek the rationalization of this measure.

The criminal system was organized on the basis of work, training and education as a means for social rehabilitation, on the other hand, the reform adds that its organization will be on the basis of respect for human rights, work, training,education, and health and sport increases as a means to achieve reintegration. Regarding the above, it highlights the change in rehabilitation terminology to reintegration, this denomination was due to the fact that the internal person is subject to rights and obligations and is no longer treated as an object.

However, the disciplinary corrections were in charge of the director, who could file the inmates for some offense contained in the internal regulations, through a summary procedure, in which necessary evidence to prove the fault committed, as well as theinmate responsibility. Given the correction imposed, the inmate could disagree with the immediate hierarchical superior to the center of the center.

The new regulation establishes that disciplinary measures will be imposed by the Technical Committee, always sticking to due process and respect for your human rights. The same committee must notify you in writing about the characteristics of the sanction imposed. In case you do not agree with the disciplinary sanction, it can challenge it through the Execution Judge, within 3 days that the penitentiary authority notifies the sanction.

We can clearly observe that the authorities in charge of the disciplinary corrections and appeal of them, are different, establishes that the imposition of a correction will follow a process based on the prerogatives granted by the Constitution.

The aforementioned constitutional modifications needed the formation of execution judges, as well as the creation of secondary laws on criminal execution. In general terms we can say that they are reinforced essentially to establish the rights of persons deprived of liberty, improve the infrastructure of prison centers, as well as regulate the means to achieve effective effective social reintegration.

It also offers alternatives that allow persons deprived of liberty who are fulfilling a sentence, can obtain their freedom in advance through prison benefits, these being conditioned freedom and early freedom, prior compliance with the requirements.

Today it is still a challenge to ensure that, in practice, the deprivation of liberty comply with the precepts established in the constitutional reform of the criminal justice system and in various international and national instruments.

Its main obstacles are the lack of training, lack of human, material and economic resources, delay in the creation of mechanisms. As well as the refusal of the execution judges on their competence in matters concerning the detention conditions.

Regarding the lack of economic resources, no violation of human rights by the State cannot be justified.

Conclusions

  1. We can deduce that the crisis of the penitentiary field comes from structural deficiencies of the justice system, as from the delay of the processes and the use of a criminal policy inclined to promote the use of prison as the dominant penalty.
  2. The Executive Power was in charge of the stage of execution of sentences, the transformation of the prison system would not be possible if the criminal execution continued under its position, in that sense, the 2008 reform limits the power of the Executive exclusively to the administration of theprisons, and grants the Judiciary the power to execute what was tried through the creation of the Figure of Execution Judge.
  3. The central axis of the criminal execution stage is the recognition of the person sentenced as a subject of law and the establishment of the basis for their social reintegration.
  4. During the criminal execution procedures, all authorities within the scope of their powers have the obligation to promote, respect, protect and guarantee the human rights enshrined in the Constitution and international treaties of which the Mexican State is a party.
  5. It is responsible for the execution of penalties, guaranteeing their rights and guarantees, ensuring that the conviction is executed, decree as security measures, guarantee adequate defense in its execution procedure. As well as establishing modalities on supervision conditions in the assumptions of conditioned freedom, replacement of sentences and special permits.

Opinion

It is a challenge to achieve in practice that the mandates established in the constitutional reform of the Criminal Justice System and in various international and national instruments are met.

The lack of training, lack of human and economic resources, delay in the creation of elements for compliance and the refusal of the Judges of Execution on matters of their compete.

While it is true that, the reform of both 2008 and 2011, forces the State to establish mechanisms, measures and legal systems to guarantee respect human rights, the reality is that the lack of human resources but especially material makes its realization impossible.

Even with the unification of the stages of the criminal system, there are deficiencies, due to disinterest in national policies, since the issue of the prison system is not part of the political agenda, nor does it receive financial resources that really need to carry out thechanges they need.

I get attention, the change of perspective to the concept of social reintegration, since the inmate was no longer treated as an object, but as a subject of rights. In the same way, the position of establishing the figure of the criminal execution judge, who is responsible for guaranteeing people deprived of liberty, seems correct to me. Thus, the responsibilities of the officials of the prison system would be limited exclusively to the operation and administration of prisons as auxiliaries of the Judiciary.    

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