Prescripción del ejercicio de la acción penal pública en delitos sexuales cometidos por adolescentes infractores en el ordenamiento jurídico ecuatoriano: análisis de la sentencia 15-19-CN y acumulados/22 de la Corte Constitucional

Abstract

In Ecuador, the Constitution and the Code of Children and Adolescents establish a legal framework that guarantees special protection for girls, boys and adolescents (NNA) in relation to their rights. Among the most important provisions, the imprescriptibility of public criminal action in sexual crimes committed against children and adolescents stands out, ensuring that victims can access justice at any time, without time limitations. However, within the juvenile criminal system, the Code of Children and Adolescents establishes a three-year statute of limitations for crimes committed by adolescents, limiting criminal intervention. However, this regulatory framework conflicts with the constitutional reform of 2018, which contemplates the imprescriptibility of sexual crimes, including those committed against children and adolescents. Sentence 15-19-CN and cumulative/22 of the Constitutional Court addresses this conflict, reaffirming the imprescriptibility of the aforementioned crimes, but excluding those committed by adolescent offenders, posing regulatory challenges. In this way, the normative foundations of the Sentence will be analyzed in detail, in addition to the possible limiting implications that it would mean for the victim.