Necesidad de crear una Ley que regule el Código de la Niñez y la Adolescencia y el Código Orgánico Integral Penal, con respecto a la capacidad y responsabilidad penal de los Menores Infractores

This research thesis is based on one of the social problems more relevant today, not only nationally but globally; as is, juvenile delinquency, which is currently an existing problem that increases every day more and more; the main idea in this thesis is based , is the age for criminal responsibility of minors, ie under 18 and older than 16 years may be attributable under certain conditions; because at that age are fully aware of their actions; based on it, analyzing the social realities facing our country. Within the Literature Review; this conceptual framework within which we can emphasize that child is the person who has not attained twelve years of age. Teenager is a person of either sex between twelve and eighteen years of age; that they possess rights are inalienable and indispensable, so that no one can ignore them or violate them under any circumstances. Also it should be emphasized that the determination of the age of majority has no legal reasoning or legal background rather has a reason and biological - social motivation, which plays an important role because, ultimately; is the central element in determining the age of majority; but you should also look at the psychological level, which highlights that mental maturity is reached to achieve the capacity for abstract thinking; emotional maturity is achieved when goals are achieved as discovering one's own identity , independence from parents, develop a value system and establish mature relationships of friendship and love; one of the phenomena that directly affect the formation of personality and so everything that involves the adolescent's social context in which it unfolds; so that, in concatenation with the biological and psychological factors, the juvenile is in a certain way in a specific context. Taking into account what was said, several factors influenced to determine 18 as the age of majority in the Liability of a person, first on a historic level has treated the 7 child as a subject that deserves more protection from the State and society; therefore, it is a subject that is not fully developed in biological and psychological terms to understand and comprehend what is happening; nevertheless, the insanity is the antithesis of legal accountability, in which teenagers are not able to answer for acts or omissions punishable therefore no coincidence between the active agent of crime and offense. Regarding the Legal Framework, conducted this analysis as their name implies legal, analyzing our Constitution, which is the standard senior state and is immediately applicable by any court or authority competent; governs all functions of the state, including the judiciary, which establishes the principles of the Administration of Justice, Administration found it specialized justice that determines which children and adolescents are subject to legislation and administration justice skilled and trained operators justice that apply the principles of the doctrine of comprehensive protection. The administration of justice specialized split competition in protection of rights and responsibility of adolescents. The Penal Code in its Article 40 defines the criminal responsibility by a minor; it amounts to overprotection of the child. Emphasizing that the establishment of minority prescribed to children under 18 years old is a purely biological and cultural, but not legal movement. Also within the Ecuadorian legislation is the Code on Children and Adolescents, which provides all the rules applicable to the rights and juvenile justice. The Convention on the Rights of the Child, which was ratified by Ecuador and is in line with the insanity of those under age 18; also establishes the rights of every child who has been deprived of his liberty, and that this measure is the last to be taken , since the integral development of the child is sailing . 8 The comparative analysis of legislation, leads me to establish that there is an over- the child in all countries; because the same age to be in a full capacity to act freely and voluntarily, with knowledge of the law and distinguishing good from bad, are fully liable. Finally in the Doctrinal Framework, I believe that crime is a process that emerges within society as a result of antagonistic contradictions; even more juvenile delinquency, the same that affects one of the most vulnerable areas of society such as children; for the protection of children at least two doctrine, the doctrine of integral protection and Irregular Situation Doctrine known. The principles mentioned above apply in any legal process; but as regards the prosecution of juvenile offenders are more applicable for the offender considering his condition inimputables, which comes to be an aggravating factor, because I have already sustained throughout my thesis, often abuse as a not criminally responsible and rights of way or other come to be too protective. Other highlights in the research thesis, are the methods used, such as: Historical, Scientific, the Specific, the Hypothetical - Deductive, the Analytic - Synthetic; likewise the techniques used were: Direct Observation; and Interviews; materials used were the survey, books, codes, laws, dictionaries, internet and brochures. From the results tabulation and analysis of the data is performed; objectives and to verify the hypothesis; and finally raise the findings, recommendations and proposed law.

• Auteur principal: Campoverde Guerrero, Krupzkaya Betsabeth (author)
• Format: bachelorThesis
• Langue: spa
• Publié: 2016
• Sujets: DERECHO; CAPACIDAD; RESPONSABILIDAD; INFRACTORES
• Accès en ligne: http://dspace.unl.edu.ec/jspui/handle/123456789/10536