Las consecuencias del indulto.

Abstract

The pardon is juridical figure which can annul or reduce the punishment imposed in a condemnatory sentence, or commute it for another one less grave. Its origin come from the first forms of civilizations, and by passing on the time, diverse sort of States has been adopted in its legislations, which ones the Currently Constitutional Rules of Law has been the latest of the States, to implement it. Nevertheless, the establishment of the pardon in the actual legal systems, has generated legal problems that comprise infringement of rights as the right to comprehensive reparation of victims for damage and constitutional recognized principles as the separation of powers. There are some countries who has that problem among which we have Peru, Spain, Ecuador, among others, which any of them, has have neither body of control nor strongly developed law in which ones we can confront situations witch it entails to generate impunity cases or rights infringement. Before the exposed, there is the necessity to understand the pardon, primarily, its legal consequences and for that it will encompass generalities as its historical line, concept, classifications, elements, the reaching of its effects, and its legal nature. Establish their generalities, it will be subsuming to Ecuadorian legislation to determine the legal problem of the pardon in Ecuador, moreover cases will be exposed to appreciate better consequences about not have an adequate normative not even a control body in order to avoid the rights infringement.