Análisis de la conducta atípica en Ecuador en accidentes de tránsito con incapacidad de 1 a 3 días

Abstract

The following research topic focuses on the lack of classification as a criminal offense of injuries caused by a traffic accident, which generate an inability to work for one to three days, which is not contemplated in Art. 383 of the ECUADORIAN CRIMINAL COMPREHENSIVE ORGANIC CODE, Eighth Chapter, which is why in the same legal body it determines that "injuries are the result of a relevant criminal action, capable of directly or indirectly producing any alteration in the physiological integrity, functioning, structure, vitality of tissues and organs. In the crime of injuries, the time of incapacity and the seriousness of the injuries are considered, in order to impose a sentence, through a medical assessment prepared by aforensic doctor. That is why Ecuadorian society must be protected by a law that does not harm the victims. As the legal norms are clear, there should never be a legal vacuum so that the people who produce this type of injury are sanctioned, however, currently in Ecuador a sanction is imposed for this type of violation, leaving this type of atypical behavior unpunished. It is worrying that there is a legal vacuum ofthis nature, it is for this reason that through this investigation it has been possible to argue, clarify and contribute with a solution for the correct application of the penal norm and that the injuries of one to three days are framed disability.