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

Abstract

Abstract: In Ecuador, the reasoning behind sentences issued by first-instance judges constitutes a guarantee of due process and effective protection, especially in criminal matters, where the right to liberty may be affected by the deprivation of liberty of a person. This investigative work arises from concern about possible deficiencies in both the legal and factual basis of judicial sentences issued by first-instance judges, which could compromise the legitimacy of the Ecuadorian judicial system. Therefore, we propose an analysis of criminal sentence No. 11282-2021-08835 issued by the Loja Criminal Guarantees Court for the crime of embezzlement, in order to verify whether it meets the standard of sufficient and correct reasoning required by Ecuadorian law and whether the facts are consistent with the criminal offense. To accomplish this purpose, the analytical method was applied to review the content and regulations applicable to this ruling, demonstrating the correct application of the regulations and compliance with sound reasoning.