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

Abstract

Abstract: The Criminal Judicial Unit based in the Canton of La Libertad, Province of Santa Elena, on November 24, 2016, issued a ruling in Criminal Case No. 24281201600936, regarding the criminal complaint filed by Mr. R.G.A.F. against Mr. V.B.B.F. for death due to a traffic accident. Criminal evidence in case (24281201600936), in relation to the crimes arising from traffic accidents that resulted in fatalities, especially concerning comprehensive reparations and their application parameters in Ecuador. It is necessary to evaluate the shortcomings of comprehensive reparations when setting compensation for the families of victims who died in traffic accidents, especially when amounts are set that are impossible for the offenders or their families to pay. Taking into consideration that this comprehensive reparation must be collected through legal mechanisms provided for in the execution phase of the sentence, which should not only focus on the punitive nature of the penalty, but also on this aspect of economic compensation for the damage caused to the victim and their immediate family, who are the ones who suffer the loss.