Necesidad de endurecer las sanciones Para las personas que conducen vehículos Con llantas en mal estado, refórmese el Artículo 383 del código orgánico integral Penal

The Integral Criminal Code, in Title I, which refers to General Criminal Infringement, specifically in its article 18 states: "Criminal Infringement .- It is the typical behavior, unlawful and guilty whose sanction is provided for in this Code" The art. 19 of the same legal body, states: "Classification of infractions.- infractions are classified as crimes and contraventions". Crime, is: "Action that goes against what is established by law and is punished by it with a serious penalty." The tratadista Guillermo Cabanellas, in his Legal Dictionary Elemental, states that: "contravention is the fault that is committed by not complying with what is ordered. Transgression of the law. " Also, Manuel Sánchez Zuraty, in his Basic Law Dictionary, states that: "contravention is the act contrary to a legal norm or mandate." As we can realize, the difference between crime and contravention, is based on the seriousness of the fact. Finally, Article 371 of the aforementioned legal body, states: Traffic violations.- Traffic violations are acts or omissions committed in the field of transportation and road safety. From all of the above, we can agree that the terminology "contravention" is used to designate those acts that go against the laws or what is legally established; And that its punishment or punishment is lighter than when a crime is committed, and that usually it is not usually the deprivation of liberty if not pecuniary sanctions, community work or the loss of certain rights related to the activity that was carried Out at the time of the contravention such as loss of points or suspension of the driver's license, among others. However, I think it is appropriate to establish a more drastic sanction to Article 383 of the Comprehensive Criminal Organic Code that states: "The person who drives a vehicle whose tires are flat or in poor condition, will be punished with imprisonment of five To fifteen days and reduction of five points in the driver's license. In case of public transport, the penalty will be twice that provided for in the previous section. In addition, the vehicle will be retained until the cause of the violation is exceeded. "As you can see, the penalty for driving a vehicle with smooth tires, in my opinion is very slight, because it can cause a traffic accident that results in the death of one or more people, thus infringing an objective duty of care, for Which, by hardening the penalty, would be avoiding the recklessness of many drivers of handling vehicles with smooth tires, avoiding both material damages, injuries or even the death of one or more persons, which would mean that a contravention would no longer be committed but a crime.

• Egile nagusia: OJEDA SÁNCHEZ, CAROLINA ELIZABETH (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2017
• Gaiak: DERECHO; ENDURECER LAS SANCIONES
• Sarrera elektronikoa: http://dspace.unl.edu.ec/jspui/handle/123456789/19776