Jurisprudencia y Ciencias Sociales

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    El estado de necesidad y el exceso de velocidad en las infracciones de tránsito
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2017-05) Andino Carrión, Andrés Patricio; Pazmiño Vargas, Klever Alonso
    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.
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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.