Análisis dogmático y normativo de la imputación objetiva y la autoría en accidentes mortales por vehículos autónomos en Ecuador

Abstract

This research addresses the doctrinal and normative challenges posed by criminal charges in fatal traffic accidents caused by autonomous vehicles in Ecuador. The study is based on the observation of a structural gap between technological evolution and the response of criminal law, whose traditional categories—based on conscious and voluntary human action—are insufficient in the face of artificial intelligence systems capable of autonomous decision-making and execution. The objective is to analyze the scope and limitations of objective imputation and criminal liability to identify potentially responsible parties and assess the adequacy of the current legal framework, particularly the Comprehensive Organic Criminal Code (COIP, by its Spanish acronym). The methodology used is qualitative, adopting a comparative and doctrinal approach, based on criminal doctrine, Ecuadorian legislation, and comparative law from Germany, Spain, and the United States. It is determined that the theory of objective imputation is the most suitable instrument for attributing responsibility in technological contexts. However, its lack of codification in the COIP generates interpretative gaps. Furthermore, it is observed that the limitation of the criminal liability of legal persons to intentional offenses prevents manufacturers, programmers, or operators from being held accountable in cases of negligence. The research concludes that technological evolution requires a restructuring of the legal system on more flexible and functional bases, incorporating objective imputation as a guiding principle and redefining the roles of guarantors in light of the risks created by artificial intelligence, to maintain consistency between legal protection and technological progress.