Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Tapia Molina, Jefferson MarceloSubject: search.filters.subject.RESPONSABILIDAD PENAL

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    Edad De Imputabilidad Penal, y La Delincuencia Juvenil en el COIP
    (Universidad Técnica de Amabto, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-21) Tapia Molina, Jefferson Marcelo; Vargas Villacrés, Borman Renán
    Juvenile delinquency in Ecuador has become an alarming social problem due to the limitation of the age of criminal responsibility, which has caused a growing number of adolescents involved in criminal, driven by factors such as the crisis of criminality, poverty, education, and the increasing insecurity in the country. This problem intensifies because many criminal organizations resort to recruiting adolescents, taking advantage of the lenient sanctions imposed on them under the current criminal legislation. According to the Comprehensive Organic Criminal Code (COIP), minors are not judged by the same criteria as adults; instead of prison sentences, they are imposed socio-educational measures. This difference has created a gap that criminal gangs exploit, using minors to commit serious crimes, with the certainty that they will not receive severe punishments. The central objective of this study is to analyze how Ecuadorian criminal law, especially regarding the non-imputability of juvenile offenders, is contributing to the increase in juvenile delinquency. The methodology applied in the research is descriptive in nature, starting with a documentary bibliographic review of both doctrine and jurisprudence through the use of an analytical-quantitative method, allowing for the analysis of each document. Thus, it is immersed in the research line of public policies, law, and society. This approach focuses on conducting surveys with judges and legal professionals specialized in juvenile justice to understand their perspectives and experiences on the application of sanctions to minors. With the results, it will be possible to determine if it is necessary to modify the current legislation, including the possibility of establishing a different minimum age for criminal liability, with more appropriate sanctions for minors involved in serious crimes. This will seek a more effective response to the growing juvenile delinquency that affects the country.