Valoración de la prueba informática en el proceso penal ecuatoriano

Abstract

Abstract: This research study addresses the "assessment of digital evidence," regarding the chain of custody as the mechanism for safeguarding information extracted from electronic devices (computers, mobile phones, and tablets). It considers the vulnerability of digital information to alteration a factor requiring specialized personnel to execute procedures for collecting traces and isolating digital evidence. This enables the prosecutor to establish a causal link regarding the alleged offense and allows for the assessment during the pre-trial stage of criminal proceedings of the technical-scientific analysis performed by experts on all collected evidence, in accordance with the principles established in the Comprehensive Organic Penal Code. The study also examines key aspects of the ISO/IEC 27037-2012 standards regarding the proper extraction, preservation, and documentation of evidence stored on devices, ensuring compliance with criteria for authenticity, integrity, and reliability. It aims to contribute to the creation of a digital chain of custody for the Ecuadorian criminal justice process based on digital evidence management for implementation by the Prosecutor's Office, the Specialized System of Legal Medicine and Forensic Sciences, and the National Police.