La validez y eficacia de la prueba electrónica en los procesos judiciales.

Abstract

Background: In the judicial process, the evidentiary activity is fundamental to resolve the object of the controversy, by virtue of the principle of probative freedom, the procedural subjects conduct sufficient evidence in order to achieve the objective conviction of the judge. The development and use of technological tools and resources (information technology) and telecommunications (ICT) has led to the digitization of information stored in databases on an exponential scale. The incorporation of digital support evidence necessarily requires procedures and mechanisms that do not undermine its probative validity. The Objective: Determine if the electronic documents presented in the Criminal Judicial Unit of the Loja Canton, have validity and evidentiary effectiveness. Methodology was used: based on a type of documentary, descriptive research. The logical methods used are specified in: inductive-deductive, analyticalsynthetic, historical-logical, dogmatic and comparative. The techniques of bibliographic review, signing, survey and interview were used; the survey instrument (questionnaire) was applied to 10 (lawyers). Results: The majority of the surveyed population states that it is necessary to issue a procedure or protocol that regulates the admissibility of electronic evidence to guarantee its validity and effectiveness. Conclusions: From the evidentiary activity carried out by the procedural subjects in the Unidad Judicial Penal del Cantón Loja, it has been possible to identify that the evidentiary means of digital origin that have been incorporated in the judicial processes are not equivalent in terms of criteria of authenticity and integrity, the practice of computer experts that validate the authenticity of the digital information contained in the electronic medium has been omitted.