La Admisibilidad y Valoración de la Prueba Digital en el Derecho Penal Ecuatoriano versus el Derecho Penal Colombiano: Un Análisis Comparativo durante el año 2023

Abstract

Abstract: This paper aims to analyze the existing differences in the admissibility and assessment of digital evidence in the criminal procedure systems of Ecuador and Colombia, and to evaluate the impact that these normative discrepancies have on the guarantee of due process. Through a comparative approach supported by legal doctrine and current regulations as of 2023, the legal frameworks of both countries are examined, as well as the technical standards and evidentiary criteria applied within their criminal justice systems. The findings reveal significant differences regarding normative structure, technical requirements, procedural clarity, and the way digital evidence is integrated into trial proceedings. It is concluded that such differences not only affect the admission or evaluation of digital evidence, but also the legal certainty and procedural equality of the parties. This research seeks to contribute to the academic understanding of the probative use of digital evidence in Latin American criminal law.