El tratamiento del principio de presunción de inocencia en los delitos culposos de tránsito

Abstract

The objective of this degree work is to publicize the application of the presumption of innocence in culpable traffic crimes in Ecuador as an evaluating mechanism of a correct legislative development of the norm as well as a suitable normative interpretation of the framed criminal types in illicit transit. In turn, starting from a doctrinal analysis on the conception of the crime as a major premise and then towards the culpable crime of traffic to continue with the standard of the Inter-American Court of Human Rights on the presumption of innocence and its jurisprudential pronouncements. Emphasizing a thorough investigation of the evidence as a predominant and forceful element for the demonstration of the guilt of a defendant and the respective loss of the quality of innocence on the traffic crime for which it is investigated, for which the application of some types of evidence according to the nature of the case in dispute in order to obtain the certainty of its commission and participation, leaving aside any doubts that may arise in question and obtain a firm judicial decision in accordance with current regulations.