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

Abstract

Abstract: The motivation of sentences issued by first-level judges in Ecuador is defined as the in-depth analysis that includes the guarantee of motivation contemplated in the 2008 Constitution of the Republic of Ecuador, as a guarantee or principle of due process. This guarantee and motivation standard must be met so that the sentence or ruling does not have motivational flaws that call into question the legitimacy of the sentence or ruling, causing nullity or possible sanctions for first-level judges, without violating the responsibilities contemplated in the Organic Code of the Judiciary. The criminal court is responsible for defining the responsibility of the accused, something that is preponderant in the criminal sphere when faced with crimes such as terrorism, a multi-offensive crime that affects different legal rights, where its typification is abstract rather than concrete.