El acceso oportuno a la prueba digital como garantía del derecho a la contradicción en la audiencia única del Código Orgánico General de Procesos Ecuatoriano

Abstract

Abstract: This research analyzes timely access to digital evidence as a guarantee of the right to challenge evidence during the single hearing regulated by the Organic General Code of Proceedings (COGEP). Its objective is to determine how timely access to this type of evidence impacts the exercise of the right to a defense, due process, and procedural equality. The study employed a qualitative approach using analytical, exegetical, deductive, and comparative legal methods. Techniques included a literature review and an analysis of legal doctrine, statutes, and case law specifically examining the Constitution of the Republic of Ecuador, the COGEP, and the Law on Electronic Commerce, Electronic Signatures, and Data Messages as well as specialized academic literature and scientific articles. The results show that, although Ecuadorian regulations recognize the validity of digital evidence, gaps remain regarding timely access, admission, and the ability to challenge such evidence, which may compromise procedural safeguards. The study concludes that strengthening the legal framework is essential to ensure effective judicial protection in the face of challenges posed by the digital transformation of the justice system.