NECESIDAD DE REGULAR LA REDUCCIÓN DE PUNTOS A LAS LICENCIAS DE CONDUCIR PARA LAS CONTRAVENCIONES MUY GRAVES EN EL PRINCIPIO DE LEGALIDAD SEÑALADA EN LA LEY ORGÁNICA DE TRANSPORTE TERRESTRE, TRÁNSITO Y SEGURIDAD VIAL

Article 97 of Law on Land Transport, Traffic and Road Safety establishes the scoring system applied to driver's licenses. These licenses will be awarded 30 points for their regular term of five years term, and a set point reduction will be used for each violation. Among other offenses for serious offenses, 10 points will be reduced to driver's license But the fact is that Art. 71 of Law s / n, R.O. 415-S, 29-III-2011, amending the Law on Land Transport Traffic and Road Safety, which disappeared by now these offenses in the Criminal Code of Integral. increased the rebate points 15-30 points, which goes against the principle of legality, because there is a contradiction between the points table rebate which Art. 97 of the said Act, which establishes the rebate 10 points a driver's license in the case of very serious infringements, while in the reform of the Organic Law of Land Transport, the discount increases to 15-30 points, in the same class of very serious offenses. If it is contemplated in Article 97 of the Law on Land Transport, Traffic and Road Safety, the reduction of 10 points to driver's licenses for very serious offenses.; but on the other hand in these very serious infringements, increases of 15-30 points to the driver's license is a legal 5 contradiction in the application of the rule, causing legal uncertainty, people that have led to a traffic violation. This problem consists in the new Code of Criminal Integral, currently very serious infringements are known, in the new legislation, as a general traffic class, which are the most severe penalty tale, a fine and point reduction to driver's licenses, the latter being the reduction of ten points a driver's license contained in Article 386 of the Penal Code of Integral. But there is a legal contradiction in Article 384 of the same body of law is considered a misdemeanor driving a vehicle under the influence of narcotics, psychotropic substances or preparations containing it, with the reduction of fifteen points to the driver's license substances; because if it is considered a violation that is logical that the maximum rebate is imposed as mentioned points for traffic violations class, which is ten not fifteen, being considered a very serious.

• Հիմնական հեղինակ: Quezada Quizhpe, Alex Benjamín (author)
• Ձևաչափ: bachelorThesis
• Լեզու: spa
• Հրապարակվել է: 2016
• Խորագրեր: derecho; regular la reduccion de puntos; principio de legalidad; licencias de conducir
• Առցանց հասանելիություն: http://dspace.unl.edu.ec/jspui/handle/123456789/12004