Las limitaciones del sistema judicial penal en la evaluación de las personas con presunto trastorno mental.

Abstract

This study focuses on analyzing the limitations of the Ecuadorian criminal justice system in the evaluation of individuals with a suspected mental disorder. It has been verified that in certain criminal cases, the accused or defendant has not been properly evaluated, resulting in a violation of the legal norm regarding the non-imputability of individuals with mental disorders, which consequently aggravates the citizen's situation. Additionally, the research identifies a lack of neuropsychiatry experts duly accredited by the Judiciary, as well as a lack of public policies for the prevention and treatment of mental illnesses in Ecuador, despite the Comprehensive Organic Criminal Code and the Organic Law on Mental Health mandating proper treatment for individuals diagnosed with some type of mental disorder. In this regard, it is urgent to provide training to justice operators, increase the number of specialized experts, and finally, increase state investment in the prevention and treatment of mental disorders.