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

Abstract

Abstract: This study analyzes the legal reasoning in a judgment issued in criminal case No. 09287-2023-02934, heard at the Criminal Judicial Unit of Durán Canton, in which the abbreviated procedure was applied in accordance with the Organic Comprehensive Penal Code. The study focuses on evaluating the judge's rationale for finding the defendant guilty of a real concurrence of offenses specifically, the medium-scale illicit trafficking of controlled substances and the unauthorized possession and carrying of weapons. It examines compliance with constitutional due process principles, such as the requirement for reasoned decisions, legality, proportionality of the sentence, and respect for the defendant's rights. Additionally, it assesses the appropriateness of the sentence reduction granted under the abbreviated procedure and its consistency with the facts admitted by the accused. The analysis determines whether the judicial decision meets the standards for legal reasoning required by the Ecuadorian Constitution.