(Non) liable in cases of mental disorders based on diminished consciousness and volition.

Abstract

This paper analyzes the concept of (non) liability in  cases involving mental disorders, focusing on how  consciousness and volition influence criminal accountability. It examines Ecuadorian legislation and legal doctrine concerning non-liability, partial liability, and transitory mental disorders. The  analysis reveals significant ambiguities in  Ecuadorian law, particularly regarding mental disorders and transitory conditions, which complicate its proper application in criminal  proceedings and create legal uncertainty. The study concludes that it is essential to clarify and codify the  concepts of non-liability and partial liability, as well as to establish specific regulations for transitory mental disorders. Furthermore, it advocates for public policies aimed at strengthening specialized institutions, such as forensic psychiatry, and providing training for justice system operators on these concepts. These measures are intended to ensure proper application of the law, safeguard fundamental rights, and enhance legal security within Ecuador's criminal justice system.