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

Abstract

Abstract: This paper presents a legal analysis of the sentence issued in the criminal proceedings against citizen Moreno NN NN NN NN, found guilty of the crime defined in Article 377 of the Comprehensive Organic Criminal Code (COIP), within an abbreviated procedure. The study critically examines the judicial reasoning, the proportionality of the sentence, and the application of conditional suspension, in light of the principles of due process and the guarantee of reasoned decisions enshrined in the Constitution of the Republic of Ecuador. It concludes that, although the ruling complies with formal requirements, it presents insufficient reasoning and an incomplete assessment of the seriousness of the act and the harm caused. The imposed sentence, which consisted of four months of imprisonment and partial financial compensation, is disproportionate to the harm caused, demonstrating a deficiency in the judicial reasoning and an inadequate consideration of the principles of justice, proportionality, and full reparation. This analysis proposes strengthening the argumentation of judicial decisions through deeper, more rational, and transparent justification, guaranteeing the effective application of constitutional rights and contributing to the consolidation of a more equitable and restorative criminal justice system, in accordance with the constitutional state of law and justice.