La problemática de los Delitos Informáticos en el Ecuador, su persecución y capacidad preventiva de la legislación ecuatoriana en contraste con el Derecho Comparado
The present degree work is titled “The Informatic felonies problematic in Ecuador, its prosecution, and the preventative capabilities of Ecuadorian legislation in contrast with comparative law”. Throughout this document, the initial doubts that surge with the problematic presented were specifically...
Wedi'i Gadw mewn:
| Prif Awdur: | |
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| Fformat: | bachelorThesis |
| Iaith: | spa |
| Cyhoeddwyd: |
2023
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| Pynciau: | |
| Mynediad Ar-lein: | https://dspace.unl.edu.ec/jspui/handle/123456789/28000 |
| Tagiau: |
Ychwanegu Tag
Dim Tagiau, Byddwch y cyntaf i dagio'r cofnod hwn!
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Ychwanegu Tag | Crynodeb: | The present degree work is titled “The Informatic felonies problematic in Ecuador, its prosecution, and the preventative capabilities of Ecuadorian legislation in contrast with comparative law”. Throughout this document, the initial doubts that surge with the problematic presented were specifically made with the sole purpose of obtaining a diagnosis regarding detailed research about cybercrime's global phenomenon and its treatment inside Ecuador's penal legislation and public politics. To reach the mentioned diagnostic, several studies in doctrine, juridical analysis, and comparative law were made in order to understand cybercrime and informatic felonies through the understanding of the way the doctrine conceives them, the consequent study of the local penal legislation, which was evaluated in great detail in an individual level, and in contrast with the foreign legislations of the Kingdom of Spain, the Argentinian Republic, the Republic of Chile and the Republic of Colombia; evaluating, lastly, the real impact that legislation and politics had through the study of cases and statistics. The research showed written legislation that has improved in terms of juridic terminology and penal typology, though suffering in certain areas because of its over-description. In addition to this, evaluations of cybercriminal behavior and typology were made based on the Budapest Convention, which was suggested as a tool for legislative modeling and transnational cooperation. The survey’s results and the declarations made by law professionals, in addition to the cybercrime statistics of the country, make clear a progressive rising in the incidence of this kind of criminal behavior and a negligent inattention of the central government regarding its public policy. This document did make use of several investigative methods and material that allowed the recollection, processing, and conclusion of the expressed information. To obtain the public perception, surveys and interviews that were made, these were applied exclusively to professionals in touch with criminal law and the informatic felony’s ambit, with the purpose to guarantee that the declarations came from a primary source in touch with the matter and that the opinions were as close as possible with juridic-procedural reality. |
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