La responsabilidad civil por daños derivados del delito en la legislación ecuatoriana. Aspectos sustantivos y procesales.

Abstract

The civil responsibility derived from the crime is a classic institution those origins are in the Roman law; through it claims the repair of damages caused by the commission of crime. In this investigation three different models are identified to claim it: jointly with the criminal, independently or it is up to affected person to choose other or another jurisdiction. Each one has advantages and disadvantages that are analyzed in theory and comparative law. To do this, the historical legal, exegetical, comparative analyses and synthesis method are used, and the survey is an empirical method, to know the perception of the respondents about the possible revictimization suffered by the victim. As a result, a systematization of the main theories on civil liability derived from the crime was obtained; an analysis of the effectiveness of guarantees that ensure civil liability derived from the crime and a proposal to improve its effectiveness in the execution of sentences and rights of the victim. The conclusion is that, in the current legislation, to claim for damages derived from the crime, the civil action is exercised together with the criminal action, which creates two difficulties: if the defendant ins punished the execution of the sentence is not expeditious, forcing the victim to initiate a process for its execution; if the defendant is declared innocent, the victim must file a civil complaint. Either of them leads to its revictimization.