La imputación objetiva en el delito de homicidio culposo por mala praxis, ¿Una necesidad o un arma de persecución y criminalización contra la actuación médica

Abstract

Criminally negligent homicide due to profesional medical malpractice, defined in the Ecuadorian Comprehensive Organic Criminal Code of August 2014 as a crime, meant a diametrical shift in its content and requierements wich must be met whit the conduct used by the active subject of crime to configure this criminal offense as laid down in the article 146 of the aforementioned body of laws two main issues are summarized in the problema of the present investigation, the first, is to welcome the cases of greater mediatic relevance at the national level, in regard of crime against life by medical malpractice standarized in the previous criminal code as unintentional homicide and which was constituted in the end as an ímpetus so that later the Legislator has described it in a different fashion as described in the cited article, this with the porpose of checking if the judges responsable for procedural safeguards used in their court rulings the theory of objective imputation when it comes to substantiating and resolving judgements. As a second point of analysis of this work is to deconstruct if the typification of this new criminal offense in the integral Criminal Organic Code pretends as held by the health care proffesionals guild a clear criminalization of their profesional activity or on the contrary, it is about guaranteeing the rights of victims in cases of negligent homicide due to medical malpractice, questions marks which will be cleared in the unfolding course of this research work.