Análisis de un sistema normativo no coherente, el ejemplo de la suspensión condicional de la pena en Ecuador.

Abstract

The Regulatory consistency analysis is a logical tool that allows the identification of axiological and normative contradictions in a given system. In this context, the conditional suspension of the sentence, regulated in Article 630 of the COIP, arises as a benefit for the convicted person with a prison restriction, as opposed to the possibility of replacing the prison sentence with alternative measures, in accordance with the principle of minimum criminal intervention. In this sense, a normative analysis of coherence will be carried out to identify possible normative gaps and logical contradictions in the normative system that regulates access to the conditional suspension of the sentence; subsequently, the normative requirements that regulate access to this benefit will be analyzed, with the purpose of identifying the existence of axiological contradictions according to the teleological basis that justifies access to the conditional suspension of the sentence, in order to determine whether it is a coherent system or not.