Computer crimes in the COIP and their updating in the face of new forms of cybercrime

Abstract

This paper deals with one of the most relevant and contemporary issues in Criminal Law, cybercrimes. An analysis of Ecuadorian criminal law and its correspondence with the normative precepts of the Budapest Convention is carried out, which provides for a tempering of the substantive and procedural rules that must contribute to the prosecution, prosecution and prosecution of digital crime, to the rules of international collaboration in this regard and, consequently, to the confrontation of transnational crime. It analyzes criminal figures that have been arising in recent decades and that often remained in impunity due to lack of legal predictability and oppose the principle of substantive and procedural legality. It is studied how Ecuadorian legislation, despite the progress it has shown in the prosecution of cybercrimes, still has deficiencies in the substantive and procedural field that need to be resolved, such as the classification of behaviors not described in the norm and the definition of procedural rules that comply with the requirements of the Convention on Cybercrime. In addition, the need to establish general and special prevention mechanisms that objectively contribute to the avoidability of these behaviors is verified.