15 between the action done and that which should be done according to a normative preestablished standard. The normative elements in this duty, which determine its scope and content, are the rules of prudence established in laws, administrative standards, technical standards, or procedures that govern specific professions (lex artis) and care norms for the conduct of a prudent individual acting as an agent from a perspective of prior assessment.32 50. In the same regard, doctrine has stated “in the area of imprudence, the starting point is the general mandate to respect the legal assets of others. Therefore, the basis for punishment for negligent offenses is the author’s failure of attention regarding them. The grounds for charging a person with the offense of imprudence, especially in cases of liability with representation, are knowingly creating a risk for the legally protected asset through violation of a care duty that in most risk contexts is defined in regulations.”33 51. In this case the judgment of the Chamber of Appeals that convicted Oscar Alberto Mohamed combined the offense of negligent homicide established in Article 84 of the Criminal Code with the traffic regulation norms of Decree No 692/9234 when it considered that the elements that generated the responsibility for the alleged victim35 were the provisions of Articles 37, 39, and 40 of the traffic regulations, which stipulate the duty to have due control of this risk at all times when driving; the obligation to maintain necessary visibility when attempting to overtake another vehicle, and not to start this maneuver in an intersection, curve, bridge, or other dangerous place, and the obligation to yield to pedestrians in the crosswalk.36 332 See in this regard, Derecho Penal. Muñoz Conde and García Aran, p. 301. 433 Derecho Penal, Parte General. Maximiliano Rusconi. Editorial Ad-Hoc, Buenos Aires, 2007. 534 Petitioners’ note of April 1, 1996. Annex, Judgment on the appeal rendered by the First Chamber of the Criminal and Correctional Appeals Chamber, of February 22, 1995. The State’s note of May 19, 1997, which presents the same copy of the ruling. 635 In this regard, see Inter-American Court, Case of De La Cruz Flores v. Peru, Judgment of November 18, 2004 (merits, reparations, and costs) Series C. No. 115, para. 88. 36 Decree 692/92 of April 27, 2002 Article 37: Conditions for driving. Drivers must: a) before entering a public street, confirm that they and their vehicle are in proper safe condition, in accordance with legal requirements, under their responsibility. However, in the case of vehicles for hire, responsibility for safety conditions shall be in accordance with paragraph a of Art. 51; b) Drive with care on public streets, maintaining at all times effective control of the vehicle or animal, bearing mind the inherent risks of driving and the other circumstances of the traffic. Any maneuver must be signaled in advance, and executed cautiously in order not to create risks or affect the traffic flow. Drivers shall remain on the pavement, to the right and in the direction posted, respecting restricted lanes and established times for traffic. Article 39: Yielding. Right of way of pedestrians and drivers. Any pedestrian or vehicle driver who reaches an intersection or crossroads shall respect the instructions of the traffic officer or those provided by mechanical or fixed signals. Absent such instructions, pedestrians and drivers shall be governed by the following provisions: a) In urban areas pedestrians have the right of way over vehicles when crossing streets on a pedestrian crosswalk. Drivers must slow when approaching the crosswalk. At corners without traffic lights, when necessary, drivers must completely stop their vehicle to yield spontaneously to the passage of pedestrians so that they can cross at their normal speed. Any accident in said zone is presumed to be the driver’s responsibility. In rural areas pedestrians are subject to the provisions of paragraph d) of this same article. b) Drivers arriving at an intersection or crossroads must at all times yield to any vehicle approaching on a public street to their right. This right of way is absolute and is only lost in the case of: 1. signage to the contrary; 2. trains; 3. public service vehicles responding to emergencies; 4. vehicles traveling on a higher-ranking artery. Before entering it or crossing it they must always stop; 5. pedestrians crossing legally on the crosswalk or in a dangerous area that is so marked; 6. special rules for traffic circles; 7. any circumstance when: a) a dirt road enters a paved one; b) the vehicle has stopped or is going to turn; c) animal herds or horse-drawn vehicles. If various exceptions apply, the order of precedence indicated above shall be followed. For any other