La pena natural y la incorporación del cónyuge en el artículo 372 del Código Orgánico Integral Penal en casos de infracciones de tránsito.

Abstract

To speak of criminal offenses in Ecuador is to refer to the Organic Comprehensive Criminal Code, which has come into force since August 10, 2014 in order to establish one of the basic guarantees of the constitution, which is the right to due process. In the procedures for the prosecution and/or trial of persons, in addition to the social reintegration of those sentenced and the comprehensive reparation of the victims. It is important to emphasize that in this code there are new legal institutions that deserve a deeper study and analysis in their applicability, this being the case of natural punishment as a legal institution of the criminal law of the country. The main object of study of this document will be the natural punishment as a legal event that arises from particular circumstances between the affected person(s) and the alleged offender, such as the relationship of kinship both by consanguinity or affinity, in addition to their relationship with other legal institutions such as the principle of opportunity and the principle of proportionality of punishment. In the present investigative work, all doctrinal, legal and casuistic information will be compiled, which bases the natural penalty as a strategy of defense attorneys in criminal cases in the country, which through the legal approach will corroborate its limited applicability, since there is the spouse exclusion. Exclusion that will be addressed in the style of reformatory recommendations to be analyzed by legislators, lawyers or those interested in the matter.