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

Abstract

Abstract: This study examines the judgment issued in criminal case No. 06571201901938, corresponding to the crime of rape, with the purpose of determining whether the judicial decision conforms to the principle of reasoned judgment, respects due process, and correctly applies the provisions of Article 171 of the Comprehensive Organic Criminal Code. The context of the facts is analyzed, in which acts of physical, psychological, and sexual violence committed against the victim were identified, in addition to a financial agreement signed between the parties involved. The research is based on a review of regulations, jurisprudence, and legal scholarship, and the relevance of the evidentiary elements considered by the trial judge is evaluated, as well as the legal reasoning that supports their ruling. This work represents a critical contribution regarding judicial reasoning in criminal cases within the Ecuadorian system, highlighting its implications for the rights of both the victim and the accused. The methodology adopted is qualitative in nature, with a focus on documentary analysis.