Jurisprudencia y Ciencias Sociales

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Author: search.filters.author.Mazabanda Tenelema, Christian LeonardoSubject: search.filters.subject.TRÁNSITO

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    Delitos culposos de tránsito y el principio de eficacia probatoria en la administración de justicia ecuatoriana
    (Universidad Tècnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2024-08) Mazabanda Tenelema, Christian Leonardo; Acosta Morales, María Gabriela
    In traffic offenses, evidence is the fundamental basis for demonstrating the guilt or innocence of a person being prosecuted. The present research answers some questions that could be raised at the beginning of the investigation The importance of evidence in traffic offenses? How does the insufficiency of evidence affect traffic offenses? Is the time to obtain the elements of conviction or evidence in the different stages of the ordinary procedure prudent? However, from an empirical point of view, through the judges of the Judicial Unit of Transit based in the city of Ambato, answers to these questions were obtained. In this research, the conceptualization and historical evolution of culpable crimes and the principle of evidentiary effectiveness is carried out. For which, the route that guided the research is the documentary bibliographic methodology, descriptive with a qualitative approach. The Judges of the Judicial Unit of Transit with headquarters in the city of Ambato in the Province of Tungurahua point out that mainly the incidence of the evidence in the culpable crimes in all the processes is of great importance, since based on the evidence provided by the prosecution as holder of the criminal action or the particular defense of the victim allows the judges to achieve a complete conviction of the material existence of the infraction. Therefore, if there is insufficient evidence presented by the prosecution during the preliminary investigation stage and the evidence is insufficient at the trial stage, the traffic judge must issue a ratified sentence of innocence. In addition, the traffic judges point out that the prudent time period established in article 592 of the COIP should be considered as 90 days