Roadside homicide and drunkenness: dogmatic reflections from comparative criminal law

Abstract

Road homicide resulting from intoxication is a phenomenon of particular concern in public policy and contemporary criminal law. Driving under the influence of alcohol not only increases the likelihood of traffic accidents but also poses regulatory challenges when it comes to classifying the conduct and establishing penalties proportional to the severity of the offense. This study aims to conduct a comparative analysis of the regulations of Ecuador, Spain, and Colombia, highlighting legislative specifics, the classification of the offense, the normative and objective elements of the criminal offense, as well as the sanctions provided, and the doctrinal debates surrounding criminal liability. A mixed research approach was used, with an emphasis on qualitative methods, and surveys and interviews were subsequently integrated as instruments. The comparative analysis revealed that, although all three countries penalize these behaviors, there is a fundamental difference: Ecuador adopts a more severe approach, almost based on malicious intent, while Spain and Colombia maintain the classification of gross negligence or recklessness, albeit with aggravated penalties. It was concluded that it is necessary to foster a commitment to road accident prevention and the design of more effective public policies to protect life in traffic, as well as to propose well-founded regulatory improvements.