Aplicación adecuada de las agravantes establecidas en el articulo 374, numeral 3 del delito de lesiones, en materia de tránsito.

Abstract

The correct application of aggravating factors in the crime of injury within the matter of traffic, constitutes a clear problem established in our legislation, framed this in the field of Criminal Law, since within this type of crimes arise several situations of varying complexity and deserve to be treated in the areas covered by Criminal Law as such. Our degree work refers to the problems that the fact of administering justice within the situations that are generated when a traffic accident occurs incurring in this aggravating factor and injuries. Supporting the present in a thorough review of the literature on the subject in question, as well as the law and jurisprudence, specifically in judgments No. 07258—2015—00132 and No. 07258—2019—00592 in these judgments, we have been able to highlight the existing legal vacuum for this type of case, since in both cases they are the same events , without being able to establish in which of the two cases justice has been correctly administered, especially for the defendants, because one of the judgments cited establishes for Ms. Yuri Tatiana León Asanza the minimum sentence of one year reduced by a quarter, giving a total of nine months of imprisonment, while the other judicial decision against Mr. Renato Javier Arévalo León, was established in 3 years of imprisonment taking as a reference the maximum penalty for this type of crime. In this work we intend to analyze the correct application of aggravating factors in crimes of injuries in traffic, since, despite having established the different aggravating factors, the application of them is not clearly determined, because there is a legal vacuum in the norm that regulates these behaviors. To carry out this research we use several methods such as the deductive inductive, the hermeneutic, the analytical, the historical, the comparative among others, as well as the interviews that corroborate the ignorance of the problems raised in this work both by the administrators of justice and the professionals of the law. That is to say, due process is not being exercised for those who adapt their conduct to the type of crime typified in the norm, since, as mentioned above, only of the processes that we have been able to analyze, there are two different criteria on the part of the administrators of justice, violating in some way the rights of the interveners, Given this situation, we cannot detract from the sound criticism of the judges since the rule does not clearly establish the application of aggravating factors with their respective sanctions, this being the problem we are trying to analyze in our research project. The existing legal vacuum in our criminal regulations is evidenced in our research, due to the analysis that we have carried out meticulously in other legislations with regard to our subject, corroborating that the application of aggravating factors in traffic matters within the crime of injuries is much more specific in terms of the application process, thus facilitating understanding for legal professionals and administrators of justice when establishing penalties.