Juvenile offenders in crimes against life and the legal consequences of their actions

Abstract

In this article, which addresses the issue of life-threatening crimes committed by adolescents and the legal consequences of their actions, the legal framework that applies to minors in Ecuador is examined, as well as in comparative legislation such as with Spain, with emphasis on the socio-educational measures that seek to provide comprehensive rehabilitation to adolescent offenders between the ages of 16 and 18 through restorative justice. This proposal was made regarding the reform law of the Children and Adolescents Code, outlining each of the legal and social grounds for holding adolescents between 16 and 18 years of age criminally responsible under each of the laws of regular criminal law when they commit violations of human rights. We were able to obtain this information by analyzing current legislation at the national and international levels, and were able to identify each of the jurisprudential guidelines regarding adolescent offenders. In addition, we have taken into account the statistics provided by the Judiciary on juvenile offenders in crimes against life from 2020 to 2024. Given these statistics, we believe it is essential to reform the Code for Children and Adolescents. Finally, we analyzed the legal responsibility of juvenile offenders, between those over 16 and under 18, in crimes against life. The aim is to reform the aforementioned code so that the protection of rights can be balanced with the need for restorative justice for each victim.