Estudio crítico de la inimputabilidad de los adolescentes infractores, la necesidad de una reforma.

Abstract

This paper examines the relationship between the non-imputability of juvenile offenders and how this situation is exploited by organized crime. Along with a comprehensive study of doctrine, national and international legislation, a potential reform was proposed, adjusted to the current state of the country but respectful of the best interests of the child. Based on the qualitative approach, the historical-logical, analytical-synthetic, comparative, and dogmatic methods were used. In conclusion, it was found that criminal organizations take advantage of the state of non-imputability of juvenile offenders to commit socially disruptive crimes with a high degree of impunity. Therefore, an urgent reform of penal and childhood/adolescence regulatory framework is necessary to ensure the safety of minors and society. This reform should encompass comprehensive attention within and outside the justice system, respecting the international human rights instruments and prioritizing the effective enjoyment of constitutional rights.