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

Abstract

Abstract: The work carried out analyzes a judgment in which it was determined whether L.A. committed the crime of defamation by falsely accusing C.C. of corruption. According to Article 182 of the COIP (Comprehensive Organic Criminal Code), the judge will evaluate the evidence to establish whether it was effectively demonstrated that L.A. falsely imputed the commission of an offense against another. L.A. was acquitted due to a lack of clear proof of falsity and because there was no intent to defame (animus injuriandi) on the part of the defendant. The Court reaffirmed the principle that no one is guilty until declared so by a final judgment, provided the evidence exists. Although the accusation affected C.C.'s honor, it was not proven that the imputations were malicious or unfounded. The case underscores the importance of guaranteeing fundamental rights in criminal proceedings, especially the presumption of innocence and due process.