Improcedencia de la suspensión condicional de la pena en los delitos de tránsito que tengan como resultado la muerte de una persona

Article 630 of the Comprehensive Criminal Code establishes one of the special procedures for the early termination of the criminal process, in this case the conditional suspension of the sentence, which provides for its origin several requirements among which it is stated that the private penalty Of freedom does not exceed 5 years, and that the beneficiary has no other process or sentence, nor has opted for an alternative exit in another cause, that there is no need for execution of the sentence and finally in its number four determines that it will not be appropriate In crimes against sexual and reproductive integrity, violence against women or members of the family. Throughout the history of mankind, we have witnessed that the human being in search of finding a life without mishaps, should have governed its coexistence with norms that applied to all the members of the society manage to create a suitable environment for the life and The development of the community. Thus, governments, in their various forms, have adapted norms, codes, laws and regulations in order to establish rights and obligations, and certain limitations to their action within a society. Also, since there are laws, laws that regulate the development of the person in society, there are transgressors of the same, individuals who do not submit to those codes that limit them in their action and after that, fail to observe what the law determines Going against it. It is at this point that we must in a purely didactic way establish that in the matter of transgression, the subject of the law that implies greater care in its compliance and greater severity in sanctioning its non-compliance is the Criminal Law. When we refer to criminal matters, immediately comes to our head the idea of Reproachable Unjust and together with this idea of sanction, of the penalty, in short, the effect that this crime produces. Throughout history we have been able to verify that humanity, specifically those called to watch over the fulfillment and application of the law have established various ways to punish the transgression of the same, always aimed at controlling criminality and encouraging peaceful coexistence, For example the well-known Law of the Talión. The norm described above excludes from these prohibitions a crime whose result causes serious social harm, such as traffic offenses that result in the death of a person, is the case of articles 377 and 378 of the Comprehensive Criminal Code, That unlike article 376 of the same legal body, it establishes penalties of deprivation of liberty of less than 5 years, and therefore in this case would be appropriate the application of the conditional suspension of the sentence, although although the circumstance of these crimes vary The result that is the death of a person who remains the same. I consider that there is a real legal and social problem when the law determines that in infractions that cause the same seriousness, in some cases it is applicable and in others not the conditional suspension of the sentence.

• 1. autor: Oñate Espinosa, Carlos Alberto (author)
• Format: bachelorThesis
• Język: spa
• Wydane: 2017
• Hasła przedmiotowe: DERECHO; DELITOS DE TRÁNSITO; SUSPENSIÓN DE LA PENA; MUERTE
• Dostęp online: http://dspace.unl.edu.ec/jspui/handle/123456789/18893