Análisis nuevo modelo gestión penitenciaria de la república dominicana, a la luz de la influencia del modelo penitenciario español

Resumen

OBJECT. The purpose of this doctoral thesis is to perform an analysis of the legal relationship penitentiary (RJP) in Spain, as well as the criminal execution process of the Dominican Republic after the enactment of the new Code of Criminal Procedure, reinforcing the protection of the rights of convicted persons by understanding that imprisonment does not determine the suspension of rights, but the balance in the modulation of security measures and the preservation of due order in the penitentiary system. It has been proposed to provide solutions to safeguard human rights during criminal execution, mitigating the abuses and arbitrariness that violate the rights of inmates in Spanish and Dominican prisons. It has also been tried to draw lessons from the Spanish penitentiary model that can be extrapolated to the Dominican system and eradicate the shortcomings of the old system. The delimitation of the study has been established, in terms of the Spanish system, from the legal framework of the RJP (EC, jurisprudence of the TC, doctrine of the ECHR, Criminal Code, LOGP, and the PR, among others. been established from the CRD 2010, the Minimum Rules approved in the Convention on the Prevention and Treatment of Offenders - Geneva 1955-, among others. METHODOLOGY. An analysis based on the dogmatic vision of criminal law and penitentiary law has been chosen, under the prism of a normative system with its own substance and the predominant values in today's society. It deals with the study of the prison legal framework from its historical background, as well as the understanding of its significance in the context of the RJP, under application of the constitutional doctrine that guides the new jurisdictional function: a new system of relationships that faces the lack of protection of fundamental rights within the scope of the prison regime and treatment, under the JVP and the JEP, respectively. Conclusions. In the second part of the study, through its five chapters, the comparative law analysis conducted on the Spanish and Dominican prison systems is exposed, where a set of "Proposals" are extracted in light of the most relevant findings of the penitentiary model Spanish, which may be of interest for its application in the Dominican model. Among them, they deserve to be highlighted, among others, the following: Planning of the criminal procedure reform, through an appropriate modification of the current text of the "Manual of Penitentiary Management", guided by criteria of legal systematization and not for reasons of urgency and political motivations. Increase the effectiveness of the Dominican Criminal Justice System, making the function of the JEP not be limited to a simple action adjusted to the precepts of the CPP, but to be carried out in accordance with the principles of the execution process of judgments; among others, the principle of legality, of judicialization, etc. Adaptation of the Dominican Penitentiary Law, regulating with greater precision the regime and the penitentiary rights of the inmates, as a guarantee of the effective validity of the principle of legality, facilitating in an effective way the assistance to the free justice. Extinction of the old culture about corruption in prison officers. Eradication of any suspected violation of human rights inside the centers. Reinforcement of legal guarantees and fundamental rights of inmates. Renewal of the interpretation and implementation of prison treatment from the perspective of the concept of reeducation, reintegration and re-socialization. Violation of rights and access to jurisdiction in the Dominican prison system.