Necesidad de reformar el art. 40 del código penal ecuatoriano con respecto a la inimputabiladad de los adolescentes mayores de 16 años y menores de 18 años, y su incidencia en el incremento de la criminalidad

This paper explains the legal and social foundations for adolescents over the age of 16 and under 18 years of age are fully attributable under the precepts that establishes the ordinary criminal law at the time of the Commission of serious crimes, such as murder, robbery and sexual offences. It is not modify or extinguish system specialized for minors, but change the age of criminal responsibility, so that the ordinary criminal law, particularly the penalties for serious crimes may be imposed to those older than 16 years onwards. Is why research begins in the knowledge of the problem, its scope and rules that you can apply in your study, within the theoretical framework theoretical aspects that allow to scientifically support the subject deepens, it conducted an analysis of national instruments and international which is deemed applicable, and its true value within our legal system; that adolescents over the age of 16 and under 18 years of age are fully attributable precisely to reassure citizens life, coexistence, work, justice, equality, knowledge, freedom and peace, within a legal, democratic and participatory framework that ensures a social, economic and political order just. Finally reference is made to the elaboration of the framework law, in where the researcher submits a proposal in an effort to provide a legally supported the problems mention, and mainly incorporated into the criminal code the theme that the adolescents under 18 and over 16 years of age are fully attributable in crimes against life as part of the solutions raised at the beginning of the research

• Main Author: Romero Viñan, Luis Enrique (author)
• Format: bachelorThesis
• Language: spa
• Published: 2014
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/14846