Professional imprudence. Special reference to the provision in the ecuadorian penal code

Abstract

"The entry into force of the Comprehensive Organic Criminal Code of Ecuador in 2014 brought with it a series of advances for the country, the inclusion in its first 78 articles of a general part, and of course adapting in one way or another to the penal systems of the majority of countries around us. In the case of recklessness, it was regulated in article 27, with a duty of care as its core, which means that the Penal Code takes the normative position of recklessness. In its special section, professional negligence was classified, but only in the field of homicide. The curious thing about this is that the criminal threat turns out to be less than a normal reckless homicide, when traditionally legislators in other environments have opted to establish an equal or greater punishability, since one of the justifications that arises for this reason is the greater degree of preparation and the place where they work professionally. Precisely throughout this manuscript, the new regulations on recklessness in Ecuadorian Criminal Law will be addressed, as well as dogmatic and jurisprudential criteria on professional negligence, which force us to pay important attention to the subject and not let it go unnoticed."