ANÁLISIS CRÍTICO DEL PROCEDIMIENTO PARA JUZGAR PERSONAS PROCESADAS CON TRASTORNOS MENTALES

Abstract

This degree work carries out a legal analysis on mental disorders and their shortcomings that would imply a complete breach of the regulations in force in the Criminal Law of Ecuador. The administrative and judicial means currently established in the legislation would allow guaranteeing the rights of people according to the unimputability for the condition presented. Thus, the current procedure established in the Resolution and Ministerial Agreement issued by the authorities is analyzed for the better handling of legal cases, arising the need to carry out cases where non-compliance with regulations operates. As a conclusion, recommendations are proposed that would allow the proper handling of the procedure until a comprehensive reform in terms of treatment and way of presenting the causes of mental disorder is achieved that enables a more efficient legal mechanism to guarantee the right to health and comprehensive reparation. of the accused before society.