2023-12-16 03:25:00
In a note published by this medium last Friday, December 8, 2023, journalist Guillermo Berto presents in a very complete way the Neuquén provincial prison reality with an indication of events, actors and characters; actors for what they do or did and characters for what they do not do or did.
This pessimistic outlook has been iterating and worsening year following year and, I would dare to venture, there is still no light at the end of the tunnel.
The actual situation It is the consequence of the interaction of multiple factors and its elucidation exceeds the framework of this work of opinion and, surely, the reader’s attention span.
The so-called “Criminal Execution” is a portion of Public Law that has been advancing gradually. and today we can affirm that it has earned the consideration of an autonomous branch and should thus be referenced for displaying, in my opinion, the three elements that an expression of Law requires to be considered such: legislative autonomy, interpretive autonomy and didactic autonomy.
Its universe not only involves the scope of people deprived of their ambulatory freedom, but also of those sentenced to freedom with the imposition of behavioral guidelines, the consequence of alternative means of conflict resolution (e.g. probation) and any other issue. referring to the imposition of a sentence or control of compliance with the result of a criminal process; as can be seen a competence due to the subject that is extremely broad and encompassing.
This postulated conception and its extensive task merit serious and consistent State policies, both at the federal level and at the local level, that is, of the provincial governments.
Years ago, from this same newspaper “Río Negro” claimed the need to create in our provincial area the figure of Criminal Enforcement Judge, which luckily was established, currently having two magistrates of that jurisdiction, one for the first constituency and another for the rest of the Neuquén judicial map.
Also, on the aforementioned occasion, He reasoned that for the system to work, the provincial Penitentiary Service must necessarily be established, as the Nation and the vast majority of States have it. provincial. It is, if I may say so, “the missing leg.”
I hasten to clarify that its creation would not imply the solution of the severe problem at hand, but it would be a tool that would help to do so.
The aforementioned organization, It is unnecessary to remember, it must be autonomous and independent of the Security Police, as it is currently presented, because its functions are totally different: One thing is public safety and another very different is the control of the Execution of the Sentence, a sentence imposed by the Judicial Branch and executed and controlled by the Executive Branch, the latter task with the important task of treating the person sentenced to it. assigns to his position.
In our province it would not be so difficult to achieve, since there is a staff of police officers assigned exclusively to penitentiary tasks and property – movable and immovable – affected by it, it would only remain, then, to generate the pertinent regulations to give it a new way of organization, totally separate from the current one that fully contemplates its work, the transfer of human material (with their consent) and those assets that currently exist, means and a corresponding budget, their own regulatory standards and something very important: the implementation of their exclusive recruitment and training systems and training, with their respective institutes, which might be interacted with other spaces of daily life (universities, corporations, state agencies, training institutes, etc.), which will operate in favor of their necessary social ductility.
The proposed task may seem enormous, but it is not, although vast, it only requires will, effort and study, demands at the level of the lack of existing reality: that of having a modern and effective prison system, just as the social body demands.
I want to believe that those in charge of public functions linked to this are equal to the circumstance and what is proposed, otherwise we will be immersed in a much bigger problem even than the one presented at the beginning of these lines.
I hope that this is the case and that we will soon begin to see the light at the end of the tunnel.
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