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

Abstract

Abstract: This study allows us to thoroughly examine the thought process of judges, distinguishing between different kinds of justifications, such as their relevance, adequacy, and how they affect the application of the law, the legal order, and actual judicial defense. Using real case No. 09266-2023-00327, the court reviewed the reasons why the judge declared the defendant not guilty of the crime of illicit association, indicating that there was no firm evidence to demonstrate his link to a criminal group, as indicated in Article 370 of the COIP. By analyzing our legal system, both locally and internationally, we can detect weak points that harm both our country and the region in general. The thinking of judges, the legal elements, and the culpability for unjust sentences are essential issues. Separately, the Court examined the current situation regarding the concept and implementation of the crimes of illicit association in Ecuador and Latin America, highlighting the dangers of its widespread use and potential human rights violations. It is crucial to emphasize the importance of making transparent, sound, and relevant decisions that support the actions of judges and prevent abuses of power.