La reparación integral a las víctimas dentro de los delitos de tránsito

Abstract

Integral Reparation for victims in traffic-related offenses constitutes a fundamental principle of the Ecuadorian criminal justice system, recognized in the Ecuadorian Constitution and developed in the Comprehensive Organic Criminal Code (COIP). It is not limited to economic compensation, but also includes measures aimed at restoring, compensating, rehabilitating, and guaranteeing non-repetition of the harm caused. In traffic offenses, where life, physical integrity, and property are often affected, the State has the obligation to ensure that the victim is placed, as far as possible, in a situation similar to the one prior to the harmful act. This implies the payment of material and non-material damages, medical expenses, loss of earnings, moral damages, and other complementary measures; integral reparation is not accessory to the penalty, but an autonomous right of the victim, which must be determined in the judgment and effectively enforced. In this way, the criminal justice system fulfills not only a punitive function but also a restorative one, prioritizing the dignity and rights of those who have suffered harm.