El dolo eventual y la culpa consciente en accidentes de tránsito : vacíos normativos en el COIP.

Abstract

In Ecuador, traffic accidents constitute one of the main causes of mortality and injury, raising a legal challenge regarding the classification of the conducts that generate them. The Comprehensive Organic Criminal Code (COIP), in Articles 376 to 383, establishes that traffic offenses are of an exclusively negligent nature, sanctioning imprudence, negligence, or disregard of traffic regulations. However, this regulation omits the possibility that the driver may act with eventual intent (dolo eventual), that is, foreseeing the harmful result and consciously accepting the risk of its occurrence. The research demonstrates that this normative omission generates legal uncertainty and disproportionate sanctions, thereby infringing the principle of legality (Art. 76.3 of the Constitution of the Republic of Ecuador) and the principle of proportionality of punishment (Art. 11.2).