Observancia del tratamiento jurídico penal a las personas con trastornos mentales comprobados en el coip

Abstract

In order to analyze the observance in the Ecuadorian Comprehensive Criminal Code (COIP) to the criminal legal treatment of people with proven mental disorders, a descriptive research of a bibliographic review type with a qualitative approach was developed through the general methods of scientific research: hermeneutic, documentary and analytical-synthetic review, as well as in the use of content analysis technique. Among the most significant findings we find that in Ecuador progress has been made in the construction of the legal framework, establishing specific rules and procedures, for the treatment of these people in correspondence with international doctrine. Among these rules there is the Criminal Procedure Code and the Comprehensive Criminal Organic Code. However, there is amphibology in the use of institutions responsible and culpable in the articles of the COIP. Ecuador's criminal justice system needs to rethink these foundational categories of criminal law to ensure full understanding of the rule without any ambiguity for these people to have clear criminal proceedings.