The criminal responsibility of adolescents as adults in Ecuadorian law: Serious crimes

Abstract

This article was developed with the objective of analyzing the criminal liability of adolescents in Ecuador, particularly in cases involving serious offenses, in order to determine whether the current legal system adequately responds to the social and legal challenges faced by the country. The study was based on a qualitative and analytical–documentary approach, focused on the review of national legislation, legal doctrine, case law, and academic research related to juvenile criminal law. The analysis revealed that, although the Ecuadorian legal framework recognizes the non-imputability of adolescents and prioritizes socio-educational measures over custodial sentences, in practice there has been an increase in their involvement in crimes such as homicide, contract killing, and aggravated robbery. This situation has generated an ongoing debate regarding the proportionality of sanctions and the effectiveness of the juvenile justice system in the face of increasingly complex contexts of violence. Moreover, the causes of this phenomenon were found to be associated with poverty, limited access to education and employment, family disintegration, and the recruitment of minors by criminal organizations. The research concluded that, while Ecuadorian legislation seeks to protect the best interests of adolescents, existing legal gaps hinder a balanced response between safeguarding their rights and ensuring public security. This demonstrates the need to review the legal treatment of serious crimes committed by adolescents, promoting a more coherent, fair, and effective juvenile justice system.