Están establecidas por la Ley con el propósito de acompañar de manera progresiva la reinserción social del condenado, a los fines que esté listo-rehabilitado- al finalizar su condena. Hablamos con la Juez de ejecución penal encargada de dar cumplimiento con la normativa vigente.
La Ley 24.660, de Ejecución de Pena Privativa de la Libertad, contempla a las salidas transitorias como un paso dentro del régimen progresivo de la pena.
Esta norma busca limitar la permanencia del condenado en establecimientos cerrados y promover su reincorporación a la sociedad.
Ley 24.660 – ARTICULO 1º —La ejecución de la pena privativa de libertad, en todas sus modalidades, tiene por finalidad lograr que el condenado adquiera la capacidad de respetar y comprender la ley, así como también la gravedad de sus actos y de la sanción impuesta, procurando su adecuada reinserción social, promoviendo la comprensión y el apoyo de la sociedad, que será parte de la rehabilitación mediante el control directo e indirecto.
Las salidas transitorias también forman parte de los derechos que tienen las personas privadas de su libertad, de acuerdo a lo previsto por la Constitución Nacional y diversos tratados internacionales de Derechos Humanos.
En este marco, la Dra. Nora Villegas Jueza del Juzgado de Ejecución en lo Penal de la Segunda Circunscripción Judicial, brindó una entrevista en la que se refirió a esta temática:
¿Qué son las salidas transitorias y en qué marco se conceden?
Las salidas transitorias están previstas en la Ley 24.660, dentro de la progresividad prevista en el régimen carcelario. En este marco, tanto las salidas transitorias – como la libertad condicional o la libertad asistida – son etapas de progresividad de la pena. Es una instancia que deben ir transitando los internos (condenados) mientras cumplen una condena para ir, de a poco, reinsertándose a la sociedad.
¿Qué aspectos se evalúan cuando un condenado solicita acceder a una salida transitoria?
La Ley 24.660 establece en qué casos un condenado puede acceder a una salida transitoria.
Además, el Servicio Penitenciario elabora un informe que dirige al Juzgado de Ejecución donde detalla cómo es su desempeño, por ejemplo, en el trato con sus compañeros, en el acatamiento de normas de conducta dentro de la penitenciaría. En este sentido, los condenados son calificados cada tres meses.
Asimismo, se evalúan otros elementos a la hora de conceder la salida, que puede ser bajo acompañamiento de un agente penitenciario; bajo la tutela de un familiar o bajo palabra de honor. Cada caso es analizado según sus particularidades.
LEY 24.660 – ARTICULO 17. — Para la concesión de las salidas transitorias o la incorporación al régimen de semilibertad se requiere:
Estar comprendido en alguno de los siguientes tiempos mínimos de ejecución
-Penas mayores a diez (10) años: un (1) año desde el ingreso al período de prueba
-Penas mayores a cinco (5) años: seis (6) meses desde el ingreso al período de prueba
-Penas menores a cinco (5) años: desde el ingreso al período de prueba.
¿Qué rol tiene la víctima a la hora de conceder a un condenado una salida transitoria?
Ante esta posibilidad, la víctima es convocada por el Juzgado de Sentencia y notificada, según lo que prevé el Art. 326 del Código de Procedimiento Penal de la Provincia de San Luis que establece que debe ser anoticiada de la posibilidad de intervenir en el proceso en relación a beneficios previstos a favor del condenado, como las salidas transitorias.
Recientemente, tomó estado público el pedido de un condenado – Adrián Horacio López- para acceder al beneficio de las salidas transitorias. En este sentido, desde el Juzgado de Ejecución en lo Penal de la Segunda Circunscripción informaron que se fijó una audiencia para el próximo 23 de mayo donde la víctima hará formalmente su manifestación al respecto (Según lo previsto en el Art. 326 del Código de Procedimiento Penal de la Provincia). La decisión judicial se emitirá oportunamente, una vez que se haya escuchado a la víctima y hayan recibido los informes correspondientes del Servicio Penitenciario Provincial y del Cuerpo Profesional Forense.
“LOS JUECES DEBEMOS RESOLVER CONFORME LO ESTABLECE LA LEY”
Fuente: Prensa Judicial Villa Mercedes – Periódico Judicial de la Provincia de San Luis.
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