El estado de necesidad y el exceso de velocidad en las infracciones de tránsito

Abstract

The titling work with the theme "THE STATE OF NEED AND THE EXCESS OF SPEED IN THE INFRACTIONS OF TRANSIT" proposes a better application in the regulations both within the Integrated Criminal Code and in the Organic Law of Land Transport, Traffic and Road Safety Guaranteeing the welfare of the conductions that transit through the canton of Ambato province of Tungurahua. It is necessary to indicate that the causes of justification eliminate harm to all, in what way are those who are in the circle of events, can not be harmed later. According to Borgia Mapelli Caffarena, "it is a question of situations in which the legislator considers the crime to be more tolerable than punishing him, one that knows an offense and some people can respond ..." (DONNA, 1978). Once the causes of justification are understood as certain circumstances that exempt the author from liability, it is necessary to indicate what is referred to in Article 30 of the Integrated Criminal Code, which indicates that the causes of the exclusion of the antijuridicidad "No There is a criminal offense when the typical conduct is justified by the state of necessity or legitimate defense. There is also no criminal offense when acting in compliance with a legitimate and express order of competent authority of a legal duty "(Code of Criminal Comprehensive Organic, 2014) The excess speed in traffic violations in our country is completely dismantled in the Organic Law of Land Transport, Traffic and Road Safety, therefore, a person who incurs in any of them, have and foresee a sanction. In many cases he is driving has witnessed some type of emergency situation and has seen in the need to exceed the speed limit by caution a well the right of the mayor hierarchy for example the life or welfare of a person. The author will be notified for the infraction that occurred and was left in a decision of the judge and the proof of the author justifies or not his contempt. The present work of the degree is directed towards the problematic that live in a newspaper many professional drivers in the courts without allowing a clear and true justification to not receive the prescription in the law. All people are at liberty The full defense of any problem raised, therefore, the study of this rule especially Article 32 of the Criminal Code must be fully applicable.