Autoría funcional de adolescentes en estructuras de delincuencia organizada en Ecuador.

Abstract

In the absence of specific parameters for preventing and detecting the recruitment of adolescents by organized crime groups, as well as clear criteria for assessing situations involving threats or coercion when determining their responsibility, a regulatory gap becomes evident within the Ecuadorian legal system. This research develops the legal foundations of functional authorship and analyzes the liability framework applicable to adolescents, taking into consideration national legislation, constitutional jurisprudence, and comparative law. Based on this analysis, a response to this issue is proposed through amendments to the Comprehensive Organic Criminal Code and the Code on Children and Adolescents, as well as public prevention policies in schools and educational institutions, with coordinated support from the Ministry of Economic and Social Inclusion. The proposal seeks to strengthen prevention and ensure the proper individualization of responsibility by considering the particular circumstances of each adolescent, including their level of knowledge, autonomy, and conscious participation within the criminal structure.