Delito de tránsito con muerte y responsabilidad solidaria del propietario de un vehículo particular en Ibarra, 2021-2022

Abstract

The present investigation entitled "Transit Crime with death and joint liability of the owner of a private vehicle in Ibarra, 2021-2022" being the general objective was to legally analyze the joint liability of the owner of a private vehicle, in the traffic crime with result of death, to guarantee comprehensive reparation to the victim in the city of Ibarra in the year 2020- 202, through a qualitative paradigm, descriptive and correctional level, the application of the normative method, legal method and the use of the technique of documentary review and the survey, arriving to establish as a result that within article 377 of the Comprehensive Criminal Organic Code there is a legal vacuum regarding the joint and several liability of the owner of the private vehicle, however, it is at the discretion of the judge to establish it within the sentence with the purpose of guaranteeing comprehensive reparation, since within the city of Ibarra if It is granted, despite the fact that there is no literal rule for private vehicles and if for public vehicles, which affects the principle of legality, equality and legal certainty, by generating confusion about the application of joint and several liability with respect to the object of study, which is why that the national assembly is required to apply the non-binding criteria of the National Court of Justice No. 919-P-CNJ-2019, within the attached norm. It was concluded that it is necessary to include the joint and several liability of the owner of a private vehicle in order for it to be applied literally and not at the discretion of the judge, with the perspective of not violating the rights of direct and indirect victims to comprehensive reparation. material, immaterial, symbolic of a traffic accident resulting in death and thus be able to adequately restore the right within a Constitutional State of Rights and Social Justice.