El allanamiento remoto a dispositivos electrónicos como técnica especial de investigación: Límites constitucionales y necesidad de regulación en el sistema procesal penal.

Abstract

Abstract: This study analyzes the remote search of electronic devices as a special criminal investigation technique for combating cybercrime, addressing the issues raised by its application in the absence of specific regulations within the Ecuadorian criminal procedural framework. The objective was to determine the constitutional limits that should guide its use and to establish the need for explicit statutory regulation. Employing a doctrinal legal methodology with a qualitative approach and drawing on comparative law, the study examined the phenomenon of cybercrime, the principles of suitability, specificity, necessity, and proportionality, as well as U.S. precedents arising from the *Playpen* ​​and *Wagner* cases. The findings demonstrate that, despite its effectiveness in overcoming encryption and anonymity, remote searching compromises personal and family privacy and informational self-determination in the absence of sufficiently defined judicial controls. The study concludes that it is essential to incorporate specific regulations into the *Código Orgánico Integral Penal* (Comprehensive Organic Criminal Code) that clearly define the requirements, scope, and safeguards associated with this special investigative technique.