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

Abstract

Abstract: The judgment analyzed in this thesis corresponds to criminal case No. 09286-2019-02376. It declares the responsibility of citizen Héctor Martín Holguín Manzano as the perpetrator of the murder of citizen Juana Rosa Mendoza Avilés, as stipulated in Article 140 of the Ecuadorian Penal Code. The materiality of the crime and the defendant's participation in this crime were proven and determined based on testimonial, expert, and documentary evidence, which allowed the judges to issue a sentence of 34 years and 8 months of imprisonment, in addition to full financial compensation for the indirect victims. The analysis of this judgment as a thesis contributes significantly to the understanding of criminal judicial reasoning, allows for the evaluation of the sufficiency of the motivation in a judicial decision, and also seeks to strengthen critical thinking skills in the face of legal arguments, consolidating A solid academic background also seeks a slightly deeper understanding of motivation and its derivatives, as well as a more general view of how a case is resolved.