Admisibilidad de la prueba digital y su eficacia procesal según el artículo 202 del COGEP.

Abstract

The admissibility of digital evidence in judicial processes has evolved alongside civilization itself. Today, technological advancements compel jurists and judges to understand how to appropriately incorporate digital evidence into judicial proceedings without compromising its validity or effectiveness. This research focused on evaluating the validity and effectiveness of digital evidence in judicial processes in accordance with Article 202 of the Código Orgánico General de Procesos (COGEP). It was determined that digital evidence is admissible when accompanied by documents certifying its content or through accredited experts. To ensure the validity of digital evidence, it is crucial to establish certification methods, such as validation by a Notary Public and integrity verification by an accredited IT expert, as well as the implementation of secure digital signatures or barcodes. Additionally, a legal reform of the COGEP is suggested to regulate these aspects.