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Browsing by Author "Espin Silva, Félix Andrés"

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    El delito de sicariato y los adolescentes infractores
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-07) Espin Silva, Félix Andrés; Espín Sandoval, Luis Fernando
    The crime of punishment has become a social problem where the life of a person has value, where children and adolescents are used in situations of abandonment and risk, Ecuadorian legislation in the Penal Code condemns punishment, but not Establishes specific sanctions for adolescents who are involved, are not judged as adults when they commit crimes against the inviolability of life, the provinces of Guayas, El Oro, Manabí, Sucumbíos and Esmeraldas are the provinces most affected with the greatest number of cases, Adolescents are used as instruments for criminal activities by gangs and gangs who knowingly recruit and use them who are not judged as adults with their minors status and the absence of regulations that regulate with greater emphasis the punishable acts of This group, is based on the critical paradigm proposition, in the Constitution of Ecuador, the Organic Code Comprehensive Criminal Code and Code of Children and Adolescents. The study was bibliographical, field, descriptive, correlational, a survey was applied to 327 lawyers of free professional practice of the canton Ambato, which yielded the following results: adolescents commit offense of punishment according to the criterion of 41% of respondents to be found In a situation of vulnerability, if cases of juvenile offenders involved in this crime are known, they commit minor criminal acts, highlighting conduct contrary to public order, even vandalism and even robberies in a lesser percentage, they hardly commit serious crimes such as homicide. It is proposed to reformulate article 385 of the Childhood and Adolescence Code to punish juvenile offenders who committed crimes of punishment, where changes were made to the regulations and specified some conditions for the application of the law.

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