¿Existe homicidio culposo por mala Práctica Profesional, en la muerte del nasciturus?
In this thesis is titled is there a questioning homicide culpable for malpractice in the death of the unborn child? It is a concern legal basis for it is very important to specify an analysis in terms of favorable rights of the unborn child or which is unborn referred to in our Constitution of the R...
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| Tác giả chính: | |
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| Định dạng: | bachelorThesis |
| Ngôn ngữ: | spa |
| Được phát hành: |
2016
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| Những chủ đề: | |
| Truy cập trực tuyến: | http://dspace.unl.edu.ec/jspui/handle/123456789/17458 |
| Các nhãn: |
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Thêm thẻ | Tóm tắt: | In this thesis is titled is there a questioning homicide culpable for malpractice in the death of the unborn child? It is a concern legal basis for it is very important to specify an analysis in terms of favorable rights of the unborn child or which is unborn referred to in our Constitution of the Republic of Ecuador, which states that the State guarantees and protects life from conception, in this life of the unborn child relies, as the life of the mother and the full development of the unborn child until birth is why in our country abortion is prohibited as contained typified in also protects organic comprehensive criminal code. It should be mentioned that there is no guiltyhomicide for malpractice in the death of the unborn child as this would not be such a criminal offense, since according to civil codification in Article 6 and subparagraphs stipulates that the birth of a person establishes its existence legal if it is born alive may use and enjoyment of their rights through his mother as his representative, but not manslaughter is set as this corresponds to the death of a person in the medical field to infer the target duty watch out; so the unborn child is not considered a person, there is no law that covers the death of the unborn child medical malpractice, usually it does not meet the essential elements for the configuration of a crime, to make use of the law to demand a life must be provided for such illegal action on a rule for herself convict the doctor responsible for their decline in life with a criminal sanction. It is important to mention that in cases where it is found by forensic medical examinations medication prescribed by the doctor was not relevant and was the main cause for the child born dead should consider any punitive measure the same with another legal figure whether criminal or otherwise but not for manslaughter because as mentioned above is not declared person. On the other hand we take into account that among the rights of the human being without doubt the most precious and important right is the right to life right that is regulated or stipulated in our Constitution of the Republic in its Article 45 which mentions that The state guaranteed life from the moment of conception in our country abortion practice was prohibited in medical centers with the aim of protecting and safeguarding the life and development of the unborn, as well as the life of the mother since If it is considered a person and therefore a subject of rights, if it were the case that the mother lost her life due to medical malpractice, the necessary measures should be taken to sanction the responsible medical forum, since it would be considered An offense against a precious legal asset such as life, contemplated in the criminal law in force to violate procedures and protocols in the exercise of their profession. |
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