La valoración de las pruebas y su aplicación en el procedimiento abreviado en delitos de muerte culposa

The present study of the case seeks to analyze the importance of the correct evaluation of the evidence in the process of crimes of transit of wrongful death on the part of the Judge and of the effects that this would have at the moment of giving a sanctioning ruling which repairs in a certain way the damage to the victim or relatives affected by said acts, but not only must the entire responsibility be brought to the Judge, since it is up to the parties to demonstrate the veracity of the facts through the means of proof, depending very much on the intervention of the prosecution at the time of demonstrating and applying the onus probandi within the process, applying the correct procedure to be followed and giving the judge the necessary elements to decide what kind of sanctions and penalties should be given in a criminal proceeding. The analysis of the process 07710-2015-00658, substantiated in the unit of flagrancy of the canton Machala followed against Mr. Paredes Gonzaga Luis Eduardo for the crime of culpable death of Mr. Cuenca Dávila José Alberto, where the rights of the victim are violated established in Title III of the Comprehensive Criminal Organic Code, by not fully repairing the damage caused by the accused, and the violation of due process by applying an erroneous procedure suggested by the Prosecutor's Office, ignoring the evidence. The event took place on June 3, 2015 at 11:15 p.m. on Arizaga and Ayacucho streets where the impact occurred between Grand Vitara-type vehicles with license plates OBA4286 driven by the Dávila José Alberto Basin and the OCU0662 license plate driven by the lord. Paredes Gonzaga Luis Eduardo, product of the impact the Grand Vitara circled bells and ended up crashing against a wall resulting in material damage to the vehicles involved and injuries in Mr. Cuenca Dávila who died arriving at Teófilo Dávila Hospital; while the other driver is on the run. Almost at the end of the twenty-four hours Mr. Paredes Gonzaga Luis Eduardo, was arrested with his companion, one of the policemen who arrested him in a statement to a channel means that the suspect was presumably with encouragement to liquor. Then, in accordance with the provisions of Arts. 527 and 529 of the Comprehensive Criminal Code, the judge on duty of the Flagrancias Unit calls the Flagrancy Qualification Hearing and Formulation of Charges. The Specialized Traffic Accident Prosecutor without questioning the only evidence presented in the process or delivering the essential elements for the formulation of charges, in violation of the principles of procedural momentum and comprehensive investigation; requesting Oral and Public Hearing to resolve by Abbreviated Procedure, which is accepted by both the Prosecutor and the Judge, thus giving the sentence to Mr. Paredes Gonzaga Luis Eduardo for the crime of wrongful death under Art. 377, subsection 2 numeral 5, thus giving a substitute measure and provides for the conditional suspension of the penalty establishing as one of the conditions presented periodically before the competent authority for a year six months and monetary compensation to the next of kin of the deceased.

• 1. Verfasser: Pazmiño Gómez, Shirley Patricia (author)
• Weitere Verfasser: Terreros Andrade, Mónica Jacqueline (author)
• Format: bachelorThesis
• Veröffentlicht: 2018
• Schlagworte: VALORACION DE LA PRUEBA; PROCEDIMIENTO ABREVIADO; MUERTE CULPOSA; ATRIBUCION DE FISCALIA
• Online Zugang: http://repositorio.utmachala.edu.ec/handle/48000/12391