Análisis sobre la necesidad de imputar al adolescente infractor mayor de 16 años de edad menor de 18 al comprobar su responsabilidad penal.

Abstract

The present work has the purpose of proposing the imputability of the offender adolescent of 16 years of age under 18, in our penal regulations, which explains the legal and social theoretical foundations that make the adolescent possess this capacity. Ecuador considers that the offender adolescent under the age of 18 does not have responsibility for which he will not be criminally judged if not in accordance with the stipulations of the Childhood and Adolescence Code. During the investigation, different issues were taken into consideration that help to verify that the delinquent adolescent should not be subject to a Childhood Code but to a criminal norm in the case of serious crimes that threaten life, physical and sexual integrity of people since the socio-educational measures that are currently being applied to these circumstances are not of great help since adolescents do not always comply with this layout, leaving the integrity of the victim to leeway without justice or protection, also adding that the adolescents who fulfill with half of the socio-educational measures relapse in these actions because they learn to see the system as a form of light punishment for which they do not rehabilitate or reintegrate into society as good people.