This research paper set out to answer specifically, what kind of parameters could be taken into account by the Attorney General's Office at the hearing formulation complaint of homicide resulting from accident, to differentiate in due form when the conduct is committed in the form of eventual fraud or negligence represented. This given the need to avoid transgressing the legal principles and fundamental rights which enjoys processing. By employing a methodology synthetic-descriptive, were studied several judgments issued by courts of ordinary jurisdiction and which was possible to appreciate the difficulty that lies in differentiating between the two forms of the criminal offense. The result that was reached, pointing to the abandonment of any kind of distinction between the two figures; concluding that the course of action respects the principle of criminality, legal certainty and doubt, the defendant in the wording of the complaint, will be one that is inclined to the rating of less onerous offense.