Las tecnologías de la información y comunicación y la prueba en el proceso penal del Ecuador.

Abstract

The study has been carried out in the constitutional and legal environment through the modern criminal process, characterized by the wide use of various technological tools that emerge from information technology, technology and communication, which allow an ostensible improvement of the criminal investigation, at the same time representing a colossal risk for the citizen, since there is a tension between the right of the accused citizen, due process and the power of the State to effectively investigate criminal offenses. Its intention will not be based on making elaborate analyzes about the technical instruments that have been created for the criminal investigation, as well as on the constitutional arguments that are established to expose the benefits and their respective counterpart of the limitation of The residents' rights. The general objective is to prepare an analysis on the importance of information and communication technologies (ICTs) as means of proof in criminal proceedings. In the methodological, descriptive research was used through the qualitative and quantitative approach, applying a questionnaire to legal professionals with a specialty in criminal matters, whose answers served to understand their points of view on information technologies as evidence within the Ecuadorian criminal process. The purpose of this research is to inform about the dangers and trends, to clarify the implications that will be exposed to the bases of the problem that the investigation on probative prohibitions will refer to, with more emphasis on the area of criminal and constitutional jurisprudence that support the inconvenience. .