La exclusión del cónyuge o conviviente en unión de hecho como víctimas en las infracciones de tránsito para la aplicación de la pena natural

Abstract

This degree work, after a legal analysis shows the violation of certain constitutional rights recognized to the spouse and common-law partner, and in turn exposes the need to include them as victims within the traffic offenses typified in Article 372 of the Organic Integral Penal Code, this in order that, when a traffic accident occurs the surviving partner can access the figure of the natural penalty, thus, this being the only way to stop the violation of their rights. This work arises from the harsh reality that the country is going through in terms of traffic accidents, since at least five people lose their lives every day. It is also necessary to highlight the lack of guarantees that Ecuadorian criminal law provides to spouses and cohabitants in common-law partnerships, since it has been evidenced that the operators of justice only act according to what the criminal law prescribes, thus ignoring the facts that occur before, during and after the commission of a crime.