Jurisprudencia y Ciencias Sociales

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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.
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    La responsabilidad de los adolescentes infractores y su relación con el incremento de la delincuencia juvenil e inseguridad en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Reyes Salazar, Tania Pamela; Acosta Morales, María Gabriela
    This research paper focuses on the analysis of the responsibility of adolescent offenders and their relationship with the increase in juvenile delinquency and insecurity in Ecuador. The Ecuadorian juvenile justice system is based on the principle of specialty and non-imputability established in the Convention on the Rights of the Child, which aims at the protection and integral development of minors in conflict with the criminal law. To this end, it has been established that everything concerning adolescent offenders will be regulated by the Code of Childhood and Adolescence, specialized regulations for this matter, which has an approach based on the rehabilitation and social reintegration of adolescents. However, despite the above, the rates of juvenile delinquency in the country have increased significantly, due to the lack of prevention and guidance programs that address criminal behavior, as well as the ineffectiveness of rehabilitation programs and socio-educational measures that have led adolescents to reoffend in the commission of more serious crimes. In this context, this research was carried out using a qualitative methodology, of a bibliographic documentary type, and interviews were also conducted in order to obtain relevant information that contributes to the analysis of the research problem and to the fulfillment of the objectives to be investigated. Therefore, this research work is of great relevance since it analyzes important aspects of the responsibility of adolescent offenders, juvenile delinquency and their judgment
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    La trata de personas y la responsabilidad penal de la persona jurídica en el Ecuador
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2023-09) Barreno Naranjo, Verónica Yomaira; Tite, Segundo Ramiro
    The current research is important to be able to establish mechanisms where the criminal responsibility of the legal person in the crimes of human trafficking can be identified, so that in addition to suppress the global criminal act, it can be prevented early in Ecuadorean companies, since they are used as a front to commit illegal acts, being of interest at present since, Human Trafficking is a phenomenon that continues to boom using entities with deficient organization programs to commit crimes in different fields such as: prostitution, organ trafficking, forced labor,forced to be beggars,among others. In the methodology, the Inductive-Deductive method was used, looking for information, cases, statistics and figures to be able to determine conclusions, as well as a Historical-Logical method that explores the various chronological stages, the modality is documentary to delve into the subject, the approach is quantitative due to the collection of numerical and statistical data, the type of investigation is explanatory to promote in-depth analysis of the criminal liability of the legal person based on the crime of human trafficking and socio-legal due to the functional study of law objectively in social reality. , as a technique, the survey that was carried out to the lawyers of the Forum of the Judicial Council of Ecuador was used, under a questionnaire, as a respective product, it is proposed to implement a coercive Compliance that contains a Code of Ethics aimed at the prevention of the Crime of Human Trafficking.
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    La responsabilidad de las personas jurídicas en el sistema de juzgamiento ecuatoriano
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Posgrado, Maestría en Derecho penal y Procesal penal, 2019-07) Sánchez Oviedo, Danny Xavier; Rubianes Morales, Hernán Fabricio
    The classic theory when teaching criminal law said that the human being is the only possible criminal imputation, based on almost a mantra: societas delinquere non potest. (Gomez-Jara, 2016). Traditionally, the criminal liability of legal persons was denied based on three arguments; societies do not have the capacity to act; they also have no capacity for guilt; and equally, they lack the capacity to suffer penalties, which leads the classical systems to punish only natural persons as authors. (Gonzales, 2012, page 79). The new horizons of Criminal Law pursue the criminality of collective entities (Gómez, 2014). The present work seeks to understand the scheme on the determination of the liability of legal persons in the Ecuadorian judiciary system, in addition to analyzing the technical difficulties that arise in the face of this determination and its criminal prosecution, with a precise vision in the Ecuadorian state from of the normative budget introduced with the Organic Comprehensive Penal Code (2014) and the model of criminal responsibility that is intended to be applied (heterorresponsibility vs. self-responsibility). In addition, the present work as a comparative law reviews criminal legislation on the subject of other countries and is strengthened by reviewing jurisprudence of supreme courts of other jurisdictions. The criminal prosecution of legal persons and the procedural principles that are applicable to them is one of the central issues on which this work focuses. (Castillejo, 2012); beginning with understanding that it is not the same to judge a natural person, that, a legal person. It is unavoidable to study the Ecuadorian criminal trial system and its feasibility to apply it against a legal person, seeking as a consequence the determination of criminal responsibility and therefore a conviction. It is necessary to be able to determine the model of criminal responsibility for collective entities in order to determine the trial process or the scope that rights have in their favor. In this perspective there are two major paths that can be chosen, either the vicarial model or transfer of criminal responsibility of natural persons to collective entities; or the model of autonomous responsibility that seeks to criminally judge a juridical person for its own unjust juridical autonomy and different from the one committed by the natural person. The present work raises if the rights and principles such as the presumption of innocence, right to due process, legal security can or should be applied in defense of collective entities subject to a process that determines criminal responsibility.
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    La concurrencia de la responsabilidad penal y el sobreseimiento
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-04) Guaigua Maldonado, Cecilia del Carmen; Poaquiza Poaquiza, Angel Patricio
    This investigation is based on the fact that it is not only aimed at guaranteeing principles, guarantees and constitutional rights that are established both in the Constitution of the Republic of Ecuador, and in the Comprehensive Organic Criminal Code, what is sought is that through a legal reform to accede without restrictions to these principles, guarantees and rights. To be consistent with the present investigative work is always part of the provisions of the Constitution of the Republic of Ecuador of 2008, as the supreme rule, which has constitutional supremacy over any other law, then focus on the International Treaties and Agreements ratified by Ecuador, with the only exception that the same when dealing with human rights are even on the Constitution. The Right to Judicial Protection, comes to make the paradigm of this work, because its main objective is the legal protection of rights, which can not be violated by justice operators. It should not be forgotten that fundamental rights are born with modern constitutions.