Sujeto activo del delito de omisión de auxilio en accidentes de tránsito

Abstract

The crime of omission of aid in traffic accidents, prescribed in article 195 of Law N° 18.290, presents diverse dogmatic problems, being one of them the requirements of the active subject. Regarding this matter, both from the perspective of Chilean law as well as comparative law, the majority supports a causalist conception, requiring only the obliged person to have causal intervention in the traffic accident. The present work reviews critically the mentioned thesis and indicates the reasons why, in the national context, it should be rejected. The article proposes an alternative interpretation, according to which the mere causality is not sufficient on its own. In addition, the injurious results caused by the accident must be objectively attributable to the author's previous conduct.