Admisibilidad y valoración de la prueba digital en el proceso penal ecuatoriano: riesgos de decisiones contradictorias y desafíos a la seguridad jurídica.

Abstract

This research analyzes the legal problems arising from the admissibility and assessment of digital evidence in Ecuadorian criminal proceedings, particularly in the absence of uniform criteria to determine its authenticity, integrity, reliability, and evidentiary value. Although the Ecuadorian legal system recognizes the incorporation of technological means as evidence, their use requires consideration of technical and procedural aspects that may influence judicial decision-making. The unequal application of these criteria creates the risk that similar digital evidence may receive different assessments in comparable cases, leading to contradictory decisions and affecting legal certainty. This issue has become increasingly relevant due to the growing use of messages, photographs, videos, electronic records, and other digital content in criminal investigations. The study emphasizes the need to strengthen legal and technical criteria that provide consistent guidance for the admission and judicial assessment of digital evidence, thereby ensuring coherent and reasoned decisions compatible with due process guarantees.