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

Abstract

Abstract: This analysis aims to examine the criminal proceedings associated with traffic offenses resulting from accidents. It covers the analysis of essential forms of evidence and the standard procedural steps. These accidents stem from a breach of the objective duty of care whether through recklessness, negligence, lack of skill, or non-compliance with regulations on the part of the driver, passenger, or pedestrian. The analysis focuses on a judgment regarding the offense of causing death while driving under the influence of alcohol, as defined in Article 376 of the *Código Orgánico Integral Penal* (Comprehensive Organic Penal Code). In such cases, it is crucial to distinguish between the concurrent cause and the root cause to enable the judge to determine the guilt or innocence of the accused. This process relies on the prosecutor who directs both the preliminary and formal investigations to provide the judge with the necessary elements to identify the specific culpable conduct and establish a causal link between that conduct and the harmful outcome. Accordingly, these proceedings must be swift and effective, ensuring the right to a defense and the right to effective judicial protection.