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

Abstract

Abstract: Judgment No. 17282-2018-XXXXX issued by the Criminal Guarantees Court, Iñaquito Parish, Quito, Pichincha. The proceedings were brought against NNN for the alleged commission of the crime defined in Art. 220, numeral 1, letter c) of the Comprehensive Organic Criminal Code (COIP) specifically, the illicit trafficking of controlled substances on a large scale read in conjunction with Art. 41 (authorship). The judgment became final and enforceable on January 22, 2019. The events took place on April 29, 2018, while police officers were conducting security checks at the entrance to the stadium stands. The individual, NNN, was found in possession of 4.75 grams of heroin hydrochloride a quantity exceeding the large-scale threshold established by CONSEP in Resolution 001-CD-2013. Pursuant to Art. 457 of the COIP, probative value is accorded to the testimony and other expert evidence. Consequently, the accused, NNN, is sentenced to a term of imprisonment of 5 years (Art. 42.1, authorship) and a fine equivalent to twelve Unified Basic Salaries (SBU) (Art. 70.8, COIP)