APPLYING THE CONDITIONAL SUSPENSION OF SENTENCE AND NON-OBSERVANCE OF PRINCIPLES AND VIOLATION OF RIGHTS TO LIBERTY AND CONSTITUTIONAL PROTECTION

The objective of this research is to explain the importance of regulating two paragraphs of the Art. 630 of the Organic Integral Penal Code (COIP) on the conditional suspension of the sentence through the review of scientific data and theoretical basis, in order to ensure the principles and rights of constitutional protection. The research had an approach and level, analytical-synthetic, comparative-deductive, dogmatic, and legal, which helped to compare the legal precepts of a country, and analyze the norm of the conditional suspension of the sentence and its infringement on the constitution. Applying the technique of the interview, professionals of trajectory and important characteristics for the research. The results show that the second and third paragraphs of Art. 630 of the COIP, under the principle of legality the judicial past, undermines the non-observance of constitutional principles, likewise, manifested as another ongoing process, Ecuadorian law is clear, a person is innocent until proven guilty, matching the above to the existence of an ongoing process which means that the judicial future is uncertain, there is no decisive sentence, in the best case can be declared his innocence, but would lose his right to benefit from the benefit of conditional suspension of sentence, hereinafter SCP (Suspensión Condicional de la Pena). It was found that the personal background expressly stated in the application of the benefit does not comply with constitutional principles established in Art. 11, numeral 2 of the CRE (Constitution of the Republic of Ecuador), and that there is discrimination against the sentenced person due to his or her judicial background. It concludes by stressing that it is necessary to reform Art. 630 of the COIP, numeral 2 and 3, so that there is no non-observance of constitutional principles and violation of constitutional rights.