Factores que contribuyen y efectos que emergen de la caducidad de los procesos judiciales del tipo penal interceptación ilegal de datos
The subject of this article is very complicated because it is an international crime that covers new forms of common and organized crime that puts at risk private information, security in the navigation of the internet, using such information in situations outside of ethics, moral And legal. In the...
Đã lưu trong:
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| Định dạng: | bachelorThesis |
| Được phát hành: |
2017
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| Những chủ đề: | |
| Truy cập trực tuyến: | http://repositorio.iaen.edu.ec/handle/24000/6398 |
| Các nhãn: |
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Thêm thẻ | Tóm tắt: | The subject of this article is very complicated because it is an international crime that covers new forms of common and organized crime that puts at risk private information, security in the navigation of the internet, using such information in situations outside of ethics, moral And legal. In the case of our legislation (COIP, Art. 29), information, as a protected legal right, contemplates the incorporation of immaterial values such as information itself; Considered in different forms, either as an economic value or as an intrinsic value of the person because of its fluidity and legal traffic. The crime of illegal interception of data is contained in article 230 of COIP, it punishes with three to five years imprisonment for those who use this data and disseminate it. These criminal acts, despite being denounced in the Attorney General's Office, can not be prosecuted due to the lack of training or specialization of personnel in charge of procurement, administration and administration of justice in computer science, lack Of collaboration of other countries in what has international assistance concerns, thus contributing to the expiration, therefore to violate the rights of the owner of the protected legal good. This is perhaps the factual pattern that would lead us to the non-judicialization of computer crime of illegal interception of data, resulting in the affectation of certain rights of citizens such as reservation or privacy and confidentiality of data, reliability of traffic Legal and probative, the right to property. In our country and specifically in the province of Pichincha, although there are about 74 complaints in the public prosecutor's office for the crime of illegal interception of data, from the date COIP (September 2014) entered into force until December 2016, All are in the research stage according to records and statistics of the Attorney General's Office; That is, there is no enforced judgment. This investigation intends to determine the factors that contribute to the expiration of the judicial processes of the criminal type illegal interception of data in the province of Pichincha from the validity of the COIP until December 2015 and to analyze the effects that entails the lack of its judicialization |
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