Análisis de la inimputabilidad de los drogodependientes y la falta de política pública para su tratamiento y rehabilitación.

Abstract

Introduction: Article 364 of the Ecuadorian Constitution prohibits the criminalization of drug users and considers addiction a public health problem. However, there are still regulatory deficiencies to ensure the comprehensive treatment of those affected. Objectives: The study analyzes the non-imputability of drug addicts in Ecuador and the lack of adequate public policies for their treatment and rehabilitation. Methodology: It is used a qualitative and descriptive approach based on documentary review and hermeneutical analysis of legal and scientific sources. Ecuadorian legislation, court rulings, and literature on the treatment of drug addicts in the penal and health systems are examined. Results: Historically, anti-drug policy has oscillated between inquisitorial and holistic approaches. Likewise, although the case study reflects a favorable trend towards these groups (judges must order the transfer of patients to a public or private healthcare center), the minimum terms or deadlines for their admission to the institution are still unclearly defined, even less the criteria for this purpose, except for informed consent. On the other hand, specialized regulations, instead of establishing precise procedures to address this health problem, continue to use vague and imprecise axioms. Conclusions: It is urgent to reform the legal framework and establish detailed procedures that prioritize the treatment and rehabilitation of drug addicts or, at least, specific procedures for those cases that could be referred to criminal courts by judges or prosecutors. General study area: Law. Specific area of study: Constitutional Law.