La eficacia de la finalidad rehabilitadora en los sentenciados con penas privativas de libertad acumulativas hasta cuarenta años

Abstract

The purpose of the social rehabilitation established in the Constitution of the Republic in the article 201, it seeks to reintegrate a person deprived of freedom in society, but to know if it is fulfilled, in relation to the accumulation of penalties, a comparative analysis is performed between the established in the article 55 of the Organic Integral Criminal Code in this Code there is a maximum limit of 40 years it is more severe, in contrast of the established in the article 81 of the Criminal Code there is a limit of 35 years, in this Code there are rules for the accumulation of penalties such as: absorption and legal accumulation; is necessary to say that rule is applied based on the Third Transitory Provision of the Organic Integral Criminal Code. These different legal situations they make us think about the way that differs or influences in this different normative regulation about the accumulation of penalties in the sentenced people to reintegrate them in the society and if these are in accordance with the constitutional mandate.