La Inconstitucionalidad en la notificaciones de Tránsito en el Procedimiento expedito por vulneración del Debido Proceso

Abstract

When we begin discussing about transit we are dealing with issues that are related to Transportation, which is regulated by a law, such as the Organic Law of Land Transport, Traffic and Road Safety, and the Organic Penal Process Code. Nowadays, the concept of mobility is emphasized from a cultural and personal point of view, but we must also understand that there is a major difference between mobility and transport, yet these two concepts are closely linked. The constitution in our country is considered the supreme law, which focuses on safeguarding rights and guarantees, such as the right to defense, due process, and all human rights. Transit contraventions are sanctioned through the expedited procedure, and in compliance with due process, where one of the basic requirements is the notification of the offence that has been committed, these notifications can be made either in person or by electronic media, in order that the offender is aware of the alleged infringement, and can execute their right to defense, If no notification is made by the methods specified to the offender, especially by electronic media, it is unconstitutional since there is a violation of the due process, the right to defense, and the presumption of innocence, since the presumed offender is not aware that a process is being pursued against him.