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Condena de Ejecución Condicional. Costa Rica

Condena de Ejecución Condicional. Costa Rica Código Penal

Casos de aplicación.

 

ARTÍCULO 59.-

Al dictar sentencia, el Juez tendrá la facultad de aplicar la condena de ejecución condicional cuando la pena no exceda de tres años y consista en prisión o extrañamiento.
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Requisitos.

ARTÍCULO 60.-

 

La concesión de la condena de ejecución condicional se fundará en el análisis de la personalidad del condenado y su vida anterior al delito en el sentido de que su conducta se haya conformado con las normas sociales y en el comportamiento posterior al mismo, especialmente en su arrepentimiento y deseo demostrado de reparar en lo posible las consecuencias del acto, en los móviles, caracteres del hecho y circunstancias que lo han rodeado. Es condición indispensable para su otorgamiento que se trate de un delincuente primario. El Tribunal otorgará el beneficio cuando de la consideración de estos elementos pueda razonablemente suponerse que el condenado se comportará correctamente sin necesidad de ejecutar la pena. La resolución del Juez será motivada y en todo caso, deberá requerir un informe del Instituto de Criminología en donde se determine, si ese es el caso, el grado de posible rehabilitación del reo.
(Corregido mediante Fe de Erratas publicada en La Gaceta N° 234 de 24 de noviembre de 1971).

 

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Condiciones.

 

ARTÍCULO 61.-

Al acordar la condena de ejecución condicional, el Juez podrá imponer al condenado las condiciones que determine, de acuerdo con el informe que al respecto vierta el Instituto de Criminología; ellas podrán ser variadas si dicho Instituto lo solicita.
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Término.

 

ARTÍCULO 62.-

El Juez, al acordar la condena de ejecución condicional, fijará el término de ésta, sin que pueda ser menor de tres ni mayor de cinco años a contar de la fecha en que la sentencia quede firme.
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Revocación.

 

ARTÍCULO 63.-

La condena de ejecución condicional será revocada:

 

1) Si el condenado no cumple las condiciones impuestas; y 2) Si comete nuevo delito doloso sancionado con prisión mayor de seis meses, durante el período de prueba.
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