La inimputabilidad de los adolescentes infractores y su responsabilidad penal.

Abstract

The study of adolescent offenders regarding the commission of crimes constitutes a subject of considerable relevance. For this reason, this investigative work covers the unimpeachable responsibility that the Ecuadorian State has granted them and that has been reflected in both, the Código Orgánico de la Niñez y Adolescencia as in the Código Orgánico Integral Penal. Doctrinally it has been established that people over eighteen years of age possess sufficient maturity and capacity to answer for their actions, however, much has been left aside that the capacity for discernment can also be involved by various factors that contribute to a minor under eighteen years of age obtain the necessary maturity, therefore, the cognitive and volitional capacity to answer for their own actions. It is necessary to reconsider the criminal age in Ecuadorian legislation. Those adolescents who commit crimes must have a sanction that is proportional to the crime committed, therefore, people over sixteen years old must be classified as imputable subjects, because at that age they have a good discernment between good and bad; the crime must not be unpunished, nor must the rights of citizens be violated due to a quality that the State has granted them and what has been used as an evasion of Ecuadorian laws; by punishing them drastically, they are much more likely to improve their behavior, since they will be aware that if they carry out a behavior classified as a crime, they will be criminally responsible.