Letter of support for inmate

Introduction

The objective of this article is to explain in the simplest way, what does the execution of the pain. We know that the worst of the sentences, with the exception of the death penalty, is the one that
deprives man of his freedom, not only because his ambulatory freedom is limited, but also because of the
humiliating, unworthy and unfair situations that the permanence of a human being implies
locked in a cage called a jail.

Thus, this article attempts — from questions and answers, mostly formulated by
the detainees themselves — that any person deprived of their liberty can defend themselves,
claim your rights and avoid being subjected by the system. Jail can never be
beneficial; however, from the outside we strive to maintain it. So this
manual tries to clarify the doubts that a detainee may have. A technique is used
simple, but no less useful for that, ranging from entry into prison to freedom,
going through permits, sanctions, transfers, visits, illnesses, work, study, etc.
Along with this, this article also contains a set of model writings to expose the
how requests, complaints and appeals are requested and a set of laws and
regulations governing the execution of the sentence.
On the other hand, if the prisoner really was under the authority of the execution judge, if he
knew and could exercise all their rights, the confinement would not have the implications
negative that we all know and this book would not exist. However, the reality of
Execution of the sentence as the last stage of the criminal process shows us, neither more nor less,
that the convicted person remains in the custody of a security force: the Service
Penitentiary. This institution bears the burden of containing the prisoners without disturbing the
judges and avoid any spillover that affects the political system and shows the abandonment that
the state has regarding jail.
If jail is not for punishment, those subjected to it should be able to enjoy a stay
peaceful until the end of his sentence. The court should provide them with the
necessities for the detainee to be able to “re-socialize”, that is, to develop
as a person in such a way that when he regains his freedom he can feel that he also has the
possibility of living differently. That should be the goal.
We are very far from an effective and guaranteed criminal execution. While the judicial system and
politician ignore their detainees and do not avoid the oppression to which they are exposed
prisoners of a prison, the execution will only serve to keep, for a time, the inmates
locked up and subjected to a force that, because it is security, prioritizes this before the
respect for human rights.
Although Law 24.660, in its article 66 establishes that “upon entering the establishment the
Inmate will receive oral explanation and written information about the regime they are under
submitted, the rules of conduct that must be observed, the disciplinary system in force, the
authorized means to formulate orders or present complaints and everything that is useful
to properly know your rights and obligations. If the inmate were illiterate,
present physical or mental disability or does not understand the Spanish language, that
information will be due by a suitable person or means ”, this is not fulfilled, which makes it impossible to
the prisoner to know the prison conduct guidelines and what he must abide by.
Collaborators of the Center for Criminal Enforcement Studies of the
INECIP
Natalia Belmont
Alan Bitterman
Maria Eugenia Carrasco
Pablo Corbo
Martina Cordone
Mariel Corredera
Josefina Duran
Viviana Garcia Sierra
Valeria Ibáñez
Juan Carlos Iregui
Jose Maria Lorenzo
Luján Silvana Noguera
Raul Salinas
Charles winston is a lawyer (UBA), regular assistant of the Department of
Criminal Law and Criminology from the Faculty of Law and Social Sciences (UBA); teacher
of the Department of Graduates in the Specialization of Criminal Law of the Faculty of
Law and Social Sciences (UBA); teacher of the UBA Program -education in
jails-; permanent teacher of the Training and Training School of the Public Ministry
Fiscal; teacher of the Attorney General’s Office in the Postgraduate degree on
Update of the Public Ministry; teacher of the course on “Criminal Investigation”
belonging to the Training and Training School of the Public Prosecutor’s Office. He has
completed the Specialization in Criminal Law and Criminology in the postgraduate course of the Faculty
of Law and Social Sciences (UBA) and has completed a postgraduate degree in Criminal Law in
Salamanca (Spain). At work, she works as Secretary of the National Prosecutor’s Office
of Criminal Instruction №21. She is Director of the Center for Criminal Enforcement Studies
of the Institute of Comparative Studies in Crime and Social Sciences . Has
published books and articles.
Admission to prison
•By whose order is the admission to a jail made?
Admission can be given by the sentencing court or by the investigating judge. The first
case occurs when the person has been tried and sentenced by a court to a sentence
imprisonment and the sentence was final.
The second case occurs when the investigating judge, after the investigation of the accused,
prosecutes with preventive detention and refers him to a prison unit until the time of trial
oral.
Almost 80% of the prison population is in this situation — the processed one.
Prisoners without conviction.

•What procedure must the detainee face when entering the prison?
Once the arrest warrant issued by the judge is verified, the
identity of the detainee through fingerprinting. Then, he is requisitioned by the
prison staff and reviewed by a unit doctor.
•As of when the convicted person is incorporated into the regime of
execution of sentence?
In the judicial sphere: once the person has been convicted (with a final judgment),
sends the testimony of the sentence and the arrest count to the execution judge, who
must be in charge of serving the sentence.
To deliver a document or send a request to the court, there are two possibilities: from
jail: through the warden to get it to the judicial division of the unit or
requesting an audience with the criminology section, day manager or with the director of the unit.
So that it reaches the court directly and thereby prevent the prison staff from
intends to hinder the management of the order you make, it can be done by mail, via
telephone with the defender, judge, prison attorney or through their relatives or
relatives.
MODEL 1
Pablo Maria, August 3rd, 2021
I REQUEST COMMUNICATION OF A CONDEMNATORY JUDGMENT AND
COMPUTE TO SPF
Mr. Judge: President of the Oral Court no.
Ayesha Hoek, currently available to your Court 46932
and housed in 51 of the Federal Penitentiary Service, in the
cause stealing, I am writing to you in order to request you please send my
conviction along with the computation to the unit where I
encounter, in order to be incorporated into the convicted regime.
PROVIDE IN CONFORMITY.
IT WILL BE JUSTICE

•What does the convicted person do if he requests hearings with the execution judge and does not is it received? As the criminal justice system has collapsed, it is common for the prisoner not to can communicate with the judge. Therefore, all possible ways should be sought to get cared for. Thus, if through writings addressed to the judge, the judge does not receive it in hearing, you must arrange for your defender or the prison attorney to get the judge to attend to it. Ultimately, if you cannot access any of them, there is a possibility to file an appeal for Amparo. (See model 2 Amparo. It is worth clarifying that the more data is placed in the brief — full name, date of conviction, court that tried, case number, etc., it is easier for the enforcement judge to locate the file of the condemned, precisely because of what we said at the beginning, the execution justice found collapsed) Another possibility is to find out what days are the visits of the judge, defender or the attorney prison to the unit and request an interview.
MODEL 2
Buenos Aires, August 3rd, 2021 PRESENTS AMPARO Mr. Judge: Pablo Jessica, convicted in case №56074, for the Court number, on May 5th 2017 currently housed in 67 of the Service Federal Penitentiary, in my own right I present myself and say: I hereby come to make a request for Amparo in accordance with art. 43 of the National Constitution, based on the following considerations: Fundamentals: This is motivated by the circumstance that despite having directed and communicated on various occasions with the Court of Execution nª, in order to request a hearing with my judge, June 19th 2019 in none of them have I managed to be treated, thus violating my right to access to justice. The present is the only judicial means that remains for me to try to be able to exercise the constitutional rights that correspond to me; requesting, in turn, a hearing to explain the reasons in the personal. PROVIDE IN CONFORMITY. IT WILL BE JUSTICE
•What is the treatment that pregnant women should receive? The law states that women’s units must have special units for the care of pregnant women, as well as those who have given birth. According to article 192 of Law 24.660, a pregnant woman must adopt measures for the delivery to take place in a maternity service. So forty five days before delivery and 45 days after delivery, the inmates are exempted to work or carry out any activity, including the activities included in the treatment prison, if they are incompatible with your state of pregnancy. (Article 193 of Law 24.660) On the other hand, the pregnant inmate cannot be subjected to any type of correction disciplinary that implies, at medical criteria, affecting the unborn or nursing child. In case that the prison doctor authorizes the application of a corrective, it is convenient that the internal, through his defender, require the execution judge the intervention of physicians external. This, in order to avoid possible risks to your health and that of your child (articles 66 and 67 of Regulation 18/97)