The criminal dogmatic category of typicity, the principle of legality and computer crimes in Ecuadorian legislation

Cybersecurity and computer crime

Abstract

The ecuadorian Comprehensive Organic Penal Code is the current instrument through wich the ecuadorian State exercises punitive power. This regulatory instrument has been in forcé since 2014 in Ecuador, however, despite ist tremendous appearance, it has left more  doubts than certainties. For this reason, this academic work focuses on evidencing that the lack of typification of cybercrimes has generated in Ecuador, not only legal insecurity, but also impunity of the fellows who commit this type of atypical actions that harm constitutionally protected legal rights, such as  information, privacy, property, etc. The pandemic clearly showed that our country was not ready to cope with a situation like this, however, we must ask ourselves, who was? the answer is no one. But the digital gap was so marked in this aspect, since, on the one hand, developed countries were able to respond quickly to the impact of confinement and, on the other, developing countries, which had a hard time and are still having a hard time today, to live a true society of information and communication technologies. This lack of response has not only occurred from the constitutional but also from the criminal sphere. The appearance of the development and commercialization of computer programs for the commission of cybercrimes, has brought with it these days in Ecuador, the problem for the prosecution and conviction of these criminal activities that multiplied in the pandemic, but that cannot be punished, since, in Ecuador, the behaviors detailed above are not criminalized. For this reason, this document focuses on evidencing the current constant problem, generated by the disinterest of the National Assembly in relation of the definition of cybercrimes in Ecuador.