Delito omisivo en relación a los agentes de la Policía Nacional en el caso N°10572-2019-00096 por femicidio ocurrido en Ibarra en el año 2019

Abstract

The research conducted focuses its analysis on the crime of omission, emphasizing the examination of the court ruling in Case No. 10572-2019-00096 concerning the actions of the police officers at the moment when the life and physical integrity of D.C.R.R. were endangered after being taken hostage by her ex-partner, Y.R.L.G. This situation lasted for approximately ninety minutes in the presence of a large number of police officers who failed to employ the legitimate use of force and, consequently, disregarded applicable regulations and laws. They also abdicated their position as guarantors and their objective duty of care, which derives from their professional role. Accordingly, such an omission leads to the attribution of a result, established through the legal construct of objective imputation, which allows the fatal outcome—the death of D.C.R.R.—to be attributed to the police officers. Consequently, the case analysis identifies the elements and conditions necessary for the classification of commission by omission, as well as the presence of the subjective element of negligence. Therefore, it is concluded that the criminal offense corresponding to the officers’ omission is manslaughter by negligence, as set forth in Article 145 of the Organic Comprehensive Criminal Code (Código Orgánico Integral Penal).