Dualidad entre la observación e inobservación del deber objetivo de cuidado en accidente de tránsito

Abstract

Traffic as exercise of the right to free mobility, is inherent to the human being, is in itself a complex activity that has already deserved in the field of travel in means of transport, regulation in administrative and criminal. It is precisely in the field of criminal law, in which, given the nature of mobility and transit in vehicles, conflicting situations of a complex nature arise that deserve to be addressed carefully in order to protect rights that in themselves are impaired. by the intervention of the punitive power that this Criminal Law infers. The present titration work deals with the problem that it represents when a multiple accident comes together caused by people who observe the objective duty of care versus others who do not, although in the first case certain negative circumstances are verified, such as , drive after having ingested a certain degree of alcohol. Based on the specialized bibliographic review, the law, and jurisprudence, this work addresses the situation of people who intervene in multiple accidents, specifically what concerns the objective duty of care, its observance and non-observance. It is concluded that in case of multiple accidents, each party will be liable for the crimes committed in non-observance of the objective duty of care, but not necessarily for the more serious offense or the principal offense