“Necesidad de incorporar un nuevo artículo en el capítulo cuarto del Código Orgánico Integral Penal, referente a las circunstancias de la infracción, a fin de tipificar la responsabilidad restringida por la edad.”

This research work is titled: “The Need to Incorporate a New Article into Chapter Four of the Organic Comprehensive Criminal Code Regarding the Circumstances of the Offense, in Order to Typify Diminished Criminal Responsibility Due to Age.” The study references the work carried out by the Secretary of Human Rights, Bernarda Ordoñez, who pointed out the “crisis of forgetfulness” that led to the prison crisis experienced in 2021. This situation revealed the failures of previous governments in addressing the issues affecting vulnerable groups in the country. Many children and adolescents, forgotten by the government and denied opportunities to survive in a hostile environment—often due to living in slums and marginalized areas—were compelled to commit minor crimes such as theft and drug dealing. As they grew older, they engaged in more serious offenses and are now held in correctional facilities. In Ecuador, 45% of the prison population is under the age of 30. This research aims to address two main problems: first, to offer a second chance to young adults aged 18 to 21 who commit crimes, by reducing their sentences to facilitate rehabilitation and promote lawful behavior; and second, to alleviate the current issue of overcrowded prisons. Countries such as Peru and Spain manage to better balance punishment and rehabilitation during incarceration by providing different treatment for young offenders aged 18 to 21 regarding criminal responsibility. Therefore, this curricular integration work does not aim to eliminate criminal responsibility for these individuals, but rather to reduce the excessive sentences that hinder the rehabilitation and social reintegration of young offenders.

• Hoofdauteur: Patiño Patiño, Jordy Stiven (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2025
• Onderwerpen: DERECHO; COIP; INFRACCION; LOJA
• Online toegang: https://dspace.unl.edu.ec/jspui/handle/123456789/32440