La presunta indefensión de las víctimas en los delitos penales que se cometen en su contra por los adolescentes infractores

Abstract

In Ecuador, society uses a generalized criterion, in the sense that justice and its application is one of the negative factors of its harmonious development, with the judiciary being one of the most questioned in any nation, this makes it always its operation is criticized, it is constantly requested that adequate and objective laws be enacted in accordance with the social reality of each people and those who commit criminal offenses be appropriately sanctioned. On the other hand, the Childhood and Adolescence Code, in its Article 305 provides: "Adolescents are criminally unimpeachable and, therefore, they will not be tried by ordinary criminal judges nor will the penalties provided for in criminal laws be applied to them. (National Congress of Ecuador (Código de la Niñez y Adolescencia), 2003) Similarly, Article 306 of the same body of law states: "Adolescents who commit offenses typified in the criminal law will be subject to socioeducational measures for their responsibility in accordance with the Código de la Niñez y Adolescencia), 2003), consequently, limited and general sanctions are imposed on all infractions, regardless of whether they are the commission of crimes, for which it is imperative that a hardening of the state response against adolescents is carried out and in the core part the victim has a comprehensive reparation, which does not occur due to various factors that will be analyzed leaving them defenseless. Why crimes committed by adolescents have increased alarmingly in recent times in our country, becoming a social problem that increasingly generates greater concern.