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

Abstract

Abstract: This paper analyzes Judgment No. 07712-2019-00553, issued by the Multicompetent Criminal Judicial Unit of Huaquillas, related to an abbreviated procedure for the crime of robbery. The judicial reasoning is examined, identifying the ratio decidendi and obiter dicta, demonstrating how the judge justifies the conviction of the defendants in accordance with the Comprehensive Organic Criminal Code and the Constitution of the Republic of Ecuador. The study highlights the application of procedural principles such as orality, due process, presumption of innocence, and the effectiveness of the abbreviated procedure as a mechanism for simplification and expediency. Furthermore, the evidence, the defendants' acceptance of charges, and the legitimacy of the imposed sanction are analyzed. This work contributes to the understanding of proper judicial motivation and its impact on the guarantee of rights and legal certainty, serving as a reference for doctrinal and jurisprudential study in criminal matters in Ecuador.