Regulation and processing of cybercrimes or computer crimes in Ecuadorian legislation

Abstract

The investigation was developed on the regulatory and legal situation of computer crimes in Ecuador, their classification, established sanctions and the process for their investigation and prosecution, in perspective of the advancement of technology and the sufficiency of the norm. A topic whose importance is related, not only to its sanction, but also to the understanding of the management and protection of data and information as people's rights. By virtue of this, the research question is: What are the main deficiencies of the COIP in terms of the regulation and processing of cybercrimes?, and as an objective, to raise the main deficiencies of the COIP in terms of cybercrimes that They put at risk different protected legal assets and their possible solutions to safeguard their well-being. Within the main points of analysis, the following cybercrimes or computer crimes, digital evidence, current regulations and related practical cases were addressed. To achieve this, the methodology used had a qualitative approach, descriptive level, legal hermeneutic, inductive and deductive methods, and techniques such as documentary analysis and practical cases. The results are Ecuador's position regarding computer crimes and, unfortunately, the needs and shortcomings are evident to satisfactorily cover the prosecution and punishment of these crimes in the face of an investigation lacking resources, as well as a lack of training and means to comply. with legal certainty and effective judicial protection of rights and guarantees against illicit conduct in the technological and information field.