La pena natural en accidentes de tránsito con lesiones permanentes

Abstract

Abstract: This research focuses on analyzing how the legal concept of natural punishment works in cases of traffic accidents resulting in permanent injuries in Ecuador. Its main objective is to explore how this concept can be used to alleviate criminal liability, always respecting the principles of proportionality and seeking to ensure that sanctions are as humane as possible. The study was conducted using a qualitative approach and a deductive theoretical method, based on the analysis of documents such as legal doctrines, national and international laws, and important court rulings, including Ruling No. 084-2015 of the National Court of Justice, which serves as a prominent precedent. The results indicate that natural punishment is contemplated in Articles 372 and 412 of the COIP (Spanish Constitutional Court), which allows judges to reduce or even eliminate the sanction when the person who committed the offense has suffered severe physical or emotional harm, especially if the victim is a close relative. Furthermore, some gaps in the regulations were identified that generate uncertainty and could lead to arbitrary interpretations when applying it. The conclusion is that, when properly regulated, natural punishment can consolidate a more humane and proportional justice system, provided it is articulated with comprehensive reparation mechanisms to guarantee the rights of victims.