Efecto de la inimputabilidad de menores de edad en el Ecuador.

Abstract

This research examines the growing increase in criminal offenses committed by adolescents in Ecuador, with a particular focus on the unaccountability of this demographic group. In the first chapter, the background and challenges surrounding the criminal responsibility of adolescents are presented, addressing the notions of imputability and non-imputability, as well as the elements and causes that support them. In addition, the commission of crimes by adolescents is examined, evaluating aspects of guilt and criminal responsibility. Recent statistics on adolescent offenders in Ecuador highlight the urgent need. In the second chapter, the minor is analyzed as a subject in criminal law, considering the Convention on the Rights of the Child, the Constitution of the Republic of Ecuador and the Comprehensive Organic Penal Code. A comparative analysis of the law is carried out, highlighting the urgency of legal reforms. As part of the proposals, the modification of article 305 of the Children and Adolescents Code is suggested to establish the criminal liability of adolescents over 16 years of age in cases of serious crimes, especially those that threaten the inviolability of life and integrity. sexual. The research seeks to offer a legal framework that adjusts to the biopsychosocial realities of adolescents, contributing to a more fair and effective juvenile criminal justice system in Ecuador. By considering the biological, psychological and social factors that influence the behavior of adolescents, the aim is to improve the system's capacity to adequately deal with cases of criminal offenses in this group, guaranteeing both the protection of society and respect for human rights. . and the comprehensive development of young offenders.