Reforma al artículo 386 del Código Orgánico Integral Penal referente al principio de proporcionalidad

The main objective of this investigative work is to demonstrate that in traffic violations their legal consequences (penalties) are disproportionate, but this research work is focused on article 386 of the Comprehensive Criminal Organic Code, since, in our opinion, there is a flagrant violation of the principle of proportionality, this being one of the fundamental pillars within criminal law, since as there are several penalties in a criminal type (traffic violations) and their description of the conduct is not very serious and this conduct does not threaten the legal rights of other people are also disproportionate sanctions. The research has a mixed approach and exploratory scope, so interview and survey techniques were used; For the interview, 5 judges were considered for the survey, and 10 legal professionals were surveyed. The results showed that there is a disproportionality in the classification of sanctions within article 386 of the Comprehensive Organic Penal Code (COIP), it has also been verified with the respondents that the principle of proportionality in the sanctions of article 386 of the COIP, for which the following reform is proposed: Article 386.- First class transit contraventions. - It will be sanctioned with a fine of one unified basic salary of the worker in general: 1. The person who drives without having obtained a license. 2. The driver who fails to assist the traffic authority or agent. 3. The driver who, with a motor vehicle, exceeds the speed limits outside the moderate range, established in the corresponding regulations. You will be sanctioned with two unified basic salaries of the worker in general: 1. The driver who transports passengers or goods, without having the corresponding qualifying title, frequency authorization or who performs a service different from that for which he or she was authorized. If, in addition, the vehicle has been illegally painted with the same color and characteristics of the authorized vehicles, the judge will order that the vehicle be painted with a color different from that of the public or commercial transport units and will prohibit its circulation, until such time. Comply with said command. Compliance with this order will only be proven with the certification issued for this purpose by the person responsible for the vehicle retention site to 5 which the unauthorized vehicle will be transferred. The costs of changing the vehicle's paint will be the responsibility of the offending person. 2. The person who drives a vehicle with a license of a category different from that required for the type of vehicle being driven. 3. People who participate with motor vehicles in competitions on public roads.

• Main Author: Barragán Cedeño, Hugo Alexander (author)
• Format: bachelorThesis
• Language: spa
• Published: 2024
• Subjects: DERECHO; COIP; ECUADOR; DERECHO PENAL
• Online Access: https://dspace.unl.edu.ec/jspui/handle/123456789/30803