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

Abstract

Abstract: This investigation evaluates the correct and sufficient motivation in first-level judgments in Ecuador, focusing on case No. 24281-2023-03075. In this case concerning illegal possession of firearms, BARC's innocence was upheld despite the physical existence of a revolver and live ammunition. Ultimately, the accused was found innocent because the prosecution could not clearly prove his guilt. Although the police found a weapon, it was hidden under a mattress in a relative's house where the young man was only visiting. Therefore, it was not proven that he had it in his possession or that it belonged to him. Since there was insufficient evidence to confirm that he was the one carrying the weapon, the court had to respect his right to liberty.