LA EXTORSIÓN DIGITAL EN EL COIP Y LOS VACÍOS EN SU PERSECUCIÓN PROCESAL EN ECUADOR

Abstract

Digital extortion has consolidated itself as a growing threat, exploiting anonymity, the rapid circulation of data, and the cross‑border capacity of the internet to coerce, manipulate, or exploit victims. This research set out to analyze the Ecuadorian criminal procedural framework for the effective prosecution of the crime of digital extortion. A qualitative approach was used; the methods of analysis–synthesis, exegetical interpretation, and comparative analysis were applied, all supported by documentary review techniques. The study shows that Ecuador has partially updated its substantive criminal law but continues to apply traditional procedural structures to technologically complex phenomena, thereby limiting the effective prosecution of digital extortion. A positive development is the adoption of the Budapest Convention, which opens the door to several mechanisms of international cooperation. In essence, the research concludes that a targeted reform of the COIP is necessary, one that incorporates urgent data‑preservation standards, forensic extraction protocols, and enhanced bilateral and international cooperation mechanisms.