Other
Spanish
ID: <
10670/1.izq32i>
Abstract
The incorrect application by the EMOV EP of Article 389 (1) of the Ecuadorian Comprehensive Criminal Code to penalise speeding has resulted in a breach of constitutional rights such as legal certainty, due process and right of defence. The aim is to determine whether the penalties imposed by the EMOV EP, referring to speeding captured by an electronic means (radar photo), are constitutionally feasible and do not infringe rights. In the investigation, a non-experimental methodology was used, with a qualitative approach, also based on the inductive-deductive, analytical and synthetic method. As a result, it was established that the EMOV EP, by incorrectly applying Article 389 (1) of the Ecuadorian Comprehensive Criminal Code to penalise speeding, violates constitutional rights such as legal certainty, due process and right of defence. As you would add, it is proposed that the EMOV EP, within the scope of its powers, correctly applies and penalises the breach of speeding, with the type of contravention laid down by law.