Estudio comparativo sobre la reparación integral de las víctimas en delitos culposos de tránsito y propuesta de reforma al Artículo 78 numeral 3 del Código Orgánico Integral Penal.

Abstract

In the current legislation of the country, there are norms that typify integral reparation, but they lack standardized legal parameters for reparation of an economic nature to the victims. The investigation lies in the legal analysis of culpable traffic crimes and the lack of tools that effectively guarantee a correct application of comprehensive reparation to the victims. The Comprehensive Organic Criminal Code, in articles 77 and 78, is regulated comprehensive reparation, which are not enough, by virtue of the lack of suitable mechanisms to guarantee a correct application, for which the development of a reform project is proposed. to Art. 78 numeral 3 of the COIP, where a basic table is incorporated that determines the minimum and maximum amounts of economic compensation to people who have been victims of culpable traffic crimes. The type of research is comparative, the approach is analytical, the two norms will be analyzed and synthesized, Law 35/2015, in Spain and the Comprehensive Organic Criminal Code in Ecuador. Comparing the successes in full reparation that Law 35/2015 has, and the formal regulatory errors that the Organic Comprehensive Criminal Code brought about in comprehensive reparation.