HOMICIDIO CULPOSO Y VACÍO NORMATIVO ANTE ACCIDENTES DE TRÁNSITO CON VEHÍCULOS AUTÓNOMOS EN ECUADOR

Abstract

The emergence of autonomous, driverless cars presents a serious challenge to criminal law. This article focuses on the fundamental legal problem: the intricate formulation of culpability (Art. 27, Ecuadorian COIP) to attribute responsibility for negligent homicide (Art. 377, COIP) in fatal traffic accidents involving this sophisticated technology. The absence of a human driver directly at the wheel complicates the conventional application of the objective duty of care and the identification of the criminally liable individual, thus creating a potential accountability gap. The research will analyze current legislation on culpability and negligent homicide in traffic under the COIP; critically examine the complexities in attributing the breach of the duty of care in autonomous systems; and evaluate the potential criminal liabilities of various actors, including programmers, manufacturers, and owners/operators, considering their particular roles. Finally, relevant doctrinal perspectives and the urgent need for legislative or interpretative evolution in Ecuador will be addressed to respond with fairness and legal certainty to these novels yet complex scenarios, ensuring that legislation adapts to recent technological advancements.