Impact of objective imputation on the assessment of evidence in trials for vehicular manslaughter

Abstract

Objective imputation constitutes the fundamental basis for delimiting criminal liability in traffic offenses, especially in crimes involving negligent death. In Ecuadorian legislation, assessing evidence presents difficulties due to the lack of clear guidelines in expert action, this results in inconsistencies in determining causality and criminal liability. For the research, the following problem was formulated: how does objective imputation affect the evaluation of evidence in trials for negligent road deaths? The purpose of this study is to develop a proposal for improving expert performance within the application of the theory of objective imputation in processes of wrongful death due to traffic accidents, This is achieved through the creation of a technical and training guide for traffic experts. Within this research, a mixed method was used by applying questionnaires to legal professionals specialized in traffic matters, This is for the purpose of identifying current procedural weaknesses. The results showed that there is a need for training that allows for a more technical and objective interpretation of the events of a traffic accident. As collusion, the implementation of a technical and training guide is proposed as a methodological tool to strengthen expert action, Optimize the assessment of judicial evidence that can contribute to ensuring legal certainty in criminal proceedings for negligent road death.