Análisis del caso 17294-2017-00979 en relación a la aplicabilidad de la coautoría en el delito de homicidio culposo por mala práctica profesional

Abstract

The purpose of this case analysis is to analyze the process 17294-2017-00979, where the managing attorney and legal representative of the health home are sentenced where the crime of manslaughter due to professional malpractice is committed, to a degree coauthor; all this within a crime that revolves around the area of medical expertise and in which the cause of death is not determined since the corresponding autopsy was not performed at the time of death, but three months after the death of the victim. The analysis of the case entails the investigation of Ecuadorian criminal law and the doctrine to elucidate if co-authorship within the criminal offenses fits in this system. As a result, it was possible to verify that in the Ecuadorian system co-authorship in negligent crimes is possible, but not in the case of analysis, since there is no certainty of the cause of death within the skills practiced