Importancia de la prueba pericial en el delito de reclutamiento de menores en organizaciones delictivas en el cantón Arenillas.

Abstract

Organized crime threatens public security and the stability of the State by recruiting minors, taking advantage of their lack of criminal responsibility to commit crimes, maintain territorial control, and achieve economic growth. This research analyzes this phenomenon in Ecuador from a legal-criminal and doctrinal perspective, aiming to strengthen the juvenile justice system and protect the rights of children and adolescents. A qualitative methodology was used, based on a review of national and international legislation and documentary analysis on organized crime, recruitment of minors, and the effects of socio-educational measures and rehabilitation programs. In addition, interviews were conducted with justice administrators and a prosecutor specializing in juvenile offenders. The results revealed shortcomings in the fulfillment of the objectives of socio-educational measures and rehabilitation programs, which fail to disengage minors from criminal networks. Given this situation, it is concluded that structural adjustments to the juvenile justice system are necessary to balance the rights of minors with the victims’ demands for justice, and to strengthen rehabilitation programs and policies aimed at reducing minors’ involvement, recidivism, and recruitment into criminal activities.