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Miscelánea

No. 34 (2024)

Guilty Traffic Crimes When the Victim is the Spouse, Partner or Partner of the Offender

DOI
https://doi.org/10.18272/iu.i34.3058
Submitted
July 23, 2023
Published
2024-07-05

Abstract

Within this research, the institution of natural punishment is studied, which is relatively new in the Ecuadorian legal system, this is because it has only been implemented since August 2014 with the adoption of the Comprehensive Organic Penal Code. The reason for this institution is to limit the punitive power of the State, by virtue of the no need to apply a state penalty (which is not the same as punishment), to those who, as a result of and as a consequence of a culpable crime, have had enough punishment for his wrong done. The object of study focuses directly on the natural penalty, described in article 372 of the Comprehensive Organic Penal Code (2014), and how the legislator has completely excluded the spouse, cohabitant, or partner from this legal figure, as well as the consequences. of that.

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