Browsing by Author "Vasco Intriago, Alejandra Guadalupe"

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    La muerte en delitos de tránsito y la suspensión condicional de la pena
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05) Vasco Intriago, Alejandra Guadalupe; Tite, Segundo Ramiro
    The deaths caused by traffic accidents, with the passage of the years have increased and with this there have been irregularities, as far as the handling of the situation of the victims, as well as the sanction of those responsible for that fact, Ecuador, despite To have legislation in force in criminal and transit matters such as the Comprehensive Criminal Code, has not been able to contribute to the reduction of mortality rates due to this cause, that is to say, the sanctions are not enough. So we must ask ourselves, what is happening so that the death rates in the country do not diminish?, to which the present investigation responds with an important fact, although it is certain the traffic accidents and more the cases where they result deaths of The same, are caused many of the times by negligence, malice, speeding, among others; Where they are of a guilty nature, but where pitifully not taking into account the affectation or legal insecurity that is being subjected to the victim's relatives. Within that, one form of affectation to the victim is the granting of the conditional suspension of the penalty, where the culprit despite having claimed a life for his lack of objective duty of care when handling a motor vehicle, is offered The benefit of not complying with his deprivation of liberty, which may vary from 1 to 5 years according to the sentence granted by the judge, and where the victim is left without adequate comprehensive reparation, in which the offender must necessarily comply with Its penalty, so that the victim is satisfied with the sentence. For this reason and in view of the magnitude of this problem, we have proceeded to analyze how the granting of the conditional suspension of the sentence affects the impunity or the inadequate integral reparation that the victims are getting in these cases. Cases. Therefore, through the search for bibliographical information and sentencing, it will be possible to further evidence this problem. For this, it was vital to have the information that could be provided by the justice operators of the Tungurahua Public Prosecutor's Office, the Judiciary Council, the Transit Unit, lawyers in free exercise and the population of the canton Ambato, since through interviews and surveys It was corroborated that the issue raised does represent a problem in society, so it has been proposed to stop granting the conditional suspension of the sentence, so that a decrease in mortality rates caused by traffic accidents and That the rights of victims cease to be violated.