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

Abstract

Abstract: This curricular integration project analyzes the standard of sufficient and proper reasoning in the dismissal order issued in Criminal Case No. 13333-2025-00172 concerning the alleged crime of Illicit Association (Art. 370 of the COIP) by the Multicompetent Judicial Unit of Pichincha Canton, Manabí. Through a method of analyzing the reasoning of judicial decisions and applying a sufficiency standard questionnaire based on parameters established in Constitutional Court of Ecuador Judgment No. 1158-17-EP/21 it was determined that the ruling suffers from a defect of apparent reasoning due to inconsistency: the judge failed to exercise the required legality review of the non-accusatory opinion (as mandated by Art. 600 of the COIP) and did not conduct an independent judicial assessment of the available incriminating evidence. The study examines the potential deficiency in reasoning found in the ruling and how this provided grounds for challenging it via an appeal before the Provincial Court of Justice of Manabí.