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

Abstract

Abstract: The analysis and evaluation of the criminal sentence (case 13259-2017-00030) for the crime of possession and carrying of a firearm addressed the main topic of this study: the motivation of the sentences issued by first-level judges in Ecuador. The standard of sufficiency of motivation and the correct motivation questionnaire were applied to determine the sufficient and proper motivation. The results were compared with criteria of non-existence, insufficiency, and appearance of motivation, resulting in the finding that the criminal sentence complies with the established parameters and was therefore categorized as a duly motivated sentence. It presented sufficient normative and factual explanation, as well as a clear and precise explanation of the crime and culpability. The methodology and research techniques, including questionnaires, allowed for an easy and practical study to obtain the verified results. In conclusion, the analysis of the criminal sentence (case 13259-2017-00030) demonstrated that it meets the standards of motivation and sufficiency. This study proposes a methodological model that can be replicated to evaluate sentences in other criminal cases.