Application of Article 143 of the COIP, Determining the Crime of Killing in Adolescent Offenders from 16 Years

Abstract

The objective of this study was focused on analyzing the application of article 143 of the Comprehensive Organic Penal Code (COIP), determining the crime of hit men in adolescent offenders from 16 years of age. The methodology assumed in the study was under the non-experimental, field, descriptive level design, based on documentary and bibliographical research. The synthetic analytical method was used with respect to different articles and theses where different points of view on the subject were disclosed. The population was made up of a heterogeneous group of 38 people including judges, lawyers and justice operators from the city of Guayaquil. For the purpose of collecting data, the survey technique was applied and a questionnaire was used as an instrument. The results indicate that 87% considered that the crime of assassination in Guayaquil committed by adolescents has suffered a significant increase; 82% were inclined to answer that attenuated criminal responsibility is a factor in the increase in this crime in the city of Guayaquil: 84% of the participants considered that the socio-educational measures of internment for the minor offender in the case of hit men, do not they are consistent with the degree of seriousness of the act committed and 76% thought that the crime of hit men from 16 years of age should be prosecuted in the common jurisdiction. It is concluded that; joint work of the authorities and those responsible for this matter is required to, on the one hand, guarantee the right to life of the citizens contemplated in the Magna Carta, ensure the right of children and adolescents and establish the sanction according to the crime to avoid impunity.