Incremento de infracciones penales por la inimputabilidad de adolescentes infractores en el Ecuador.

Abstract

This research addresses the increasing rise of criminal offenses committed by adolescents in Ecuador, focusing on the issue of their criminal irresponsibility. It examines the background and challenges related to the criminal responsibility of adolescents, exploring key definitions and the concepts of accountability and criminal irresponsibility, detailing relevant elements and causes. The commission of crimes by adolescents is analyzed, taking into consideration guilt and criminal responsibility. Recent figures and statistics on adolescent offenders in Ecuador underscore the urgency of addressing this trend. The second chapter explores the underage individual as a subject in criminal law, highlighting 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 legal systems emphasizes the need for reforms. As a proposal, an amendment to Article 305 of the Code of Childhood and Adolescence is suggested, advocating for the criminal accountability of adolescents aged 16 and older in cases of serious crimes, especially those affecting the inviolability of life and sexual integrity. The research aims to provide a legal framework adapted to the biopsychosocial realities of adolescents, contributing to a more equitable and effective juvenile justice system in Ecuador.