Las lesiones causadas por accidente de tránsito menores a tres días deben ser consideradas contravenciones en el Código Orgánico Integral Penal
The current thesis work is entitled: "The Injuries caused by traffic accidents of less than three days should be considered contraventions in the Organic Comprehensive Criminal Code", the interest in investigating arises since a notable legal vacuum is evident because according to the proc...
Kaydedildi:
| Yazar: | |
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| Materyal Türü: | bachelorThesis |
| Dil: | spa |
| Baskı/Yayın Bilgisi: |
2022
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| Konular: | |
| Online Erişim: | https://dspace.unl.edu.ec/jspui/handle/123456789/25584 |
| Etiketler: |
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Etiketle | Özet: | The current thesis work is entitled: "The Injuries caused by traffic accidents of less than three days should be considered contraventions in the Organic Comprehensive Criminal Code", the interest in investigating arises since a notable legal vacuum is evident because according to the procedure in traffic violations, must be governed by the regulations provided in the articles 644 to 646 of the Comprehensive Criminal Organic Code. However, it must be considered that when an accident originates from the presumption of a crime, it is initiated to later discard it in accordance with the rules of Art. 379 of injuries caused by traffic accidents, and, for the imposition of sanctions, they must consider Art. 152 that deals with injuries typified as follows: “1.- If as a result of the injuries, damage, illness or disability of four to eight days occurs in the victim, it will be sanctioned with a custodial sentence of two months to a year. Nowadays, there is a legal vacuum in terms of traffic accidents in the cases where the victims are injured and the legal medical examination determines an illness or disability that doesn't exceed three days, the Prosecutor's Office couldn't initiate a criminal action as a crime; or initiate the traffic violation procedure. Because the traffic injury that doesn't exceed three days of disability or illness is not considered, the authorities can't initiate any criminal action. In the present thesis, materials and methods were applied that allowed the development of the investigation, likewise interviews and surveys were carried out with legal professionals, the results obtained served to propose the legal reform to the Comprehensive Criminal Organic Code in order to create the penal type of injuries caused by traffic accidents of less than three days and are considered traffic violations in the Ecuadorian criminal regime. |
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