Reformar el procedimiento de juzgamiento y sanción de las contravenciones de tránsito o de los delitos flagrantes de tránsito. Considerando el principio de presunción de inocencia establecido en la Constitución de la República.

Abstract

Analysis of the problem in the transit area that negatively affects the citizen by violating their rights, due to the fact that article 386 of the COIP determines a minimum of seven days for a vehicle to be held within the ANT's vehicle yards; but, nevertheless, the law does not indicate a maximum term of retention of the vehicle, so that the competent judge of the locality dont proceeds to order the delivery of the vehicle to its owner when it has been retained for the first class traffic infraction; and, that is the problem in which the administrators of justice and those of the ANT issue an unfounded reason why in many cases they keep the vehicles detained for many days or sometimes even for months, and it affects the citizen for the fact that they always have a very high damage by having to pay not only a fine of two basic salaries but also must pay for each day that the vehicle is retained in the Comisión de Tránsito. There must be clear rules in the law for the delivery of the vehicle to the respective owner; and, without any type of dilation under the provisions of the Law, which is not fulfilled in practice. Reforming article 386 of the COIP would contribute so that the judges have maximum terms to resolve this kind of traffic violation and return of the vehicle.