Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: This paper will undertake an in-depth evaluative analysis of the sentences issued by first-level judges. In this case, one was chosen, corresponding to Trial No. 13284-2020-09434. This is a criminal proceeding in which the defendant's conduct and legal status are being judged according to the Comprehensive Organic Criminal Code and other current regulations applicable to the case. The motivation contained in said sentence was carefully observed using techniques to verify whether there was proper motivation and/or sufficient motivation. The question is based on a central question about the problem, from which two questions arise related to normative issues and factual arguments concerning the case. The purpose is to establish whether the sentence was properly motivated and free of any flaws or defects that require correction or annulment through the filing of a horizontal or vertical appeal. Using the analytical method "THE BEING" and other techniques, it is verified that the Court's ruling meets the requirements for the motivation guarantee to be fulfilled.