“LA GARANTÍA DEL DEBIDO PROCESO EN LA PERSECUCIÓN DEL DELITO INFORMÁTICO DE CONTENIDO”

Abstract

This article analyzes the guarantee of due process in the prosecution of content-based cybercrimes in Ecuador. Its objective is to identify the normative, technical, and procedural challenges faced by the justice system in investigating and prosecuting these crimes, considering national and international legal frameworks. A legal-dogmatic approach was used, based on the analysis of national and international regulations, specialized doctrine, and relevant case law. Additionally, the application of procedural principles in the collection and assessment of digital evidence was examined, along with the mechanisms of international cooperation in combating cybercrime. The findings show that, although Ecuador has made progress in criminalizing these offenses and adhering to the Budapest Convention, challenges remain in training justice system operators, standardizing criteria for digital evidence, and ensuring the effectiveness of international cooperation. The study concludes that guaranteeing due process in these cases requires legislative reforms, improved investigation protocols, and the harmonization of evidentiary standards to balance criminal prosecution with the protection of fundamental rights.