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

Abstract

Abstract: This study analyzes the reasoning behind a judgment issued by a trial court judge in Ecuador in criminal case No. 13338-2021-XXXX, concerning the offense of possession of controlled substances. The research aims to determine whether the judicial decision meets the standards for sufficient and correct legal reasoning, in accordance with the Constitution of the Republic of Ecuador, the Comprehensive Organic Criminal Code, and constitutional case law. To this end, the study examines the factual background, the applicable law, the abbreviated procedure, the defendant's admission of the facts, and the sentence imposed. A qualitative, documentary, and analytical methodology was employed, involving a review of the judgment, legal doctrine, and applicable regulations. The study concludes that, while the judgment contains detailed and general formal reasoning, it lacks factual reasoning regarding the justification for the abbreviated procedure, the assessment of evidence, and the proportionality of the sentence.