El Estado punitivo en los delitos informáticos

Abstract

The purpose of this investigation is to establish that not only the State or the Government as a controlling entity can do and undo things, regardless of the opinion of the citizenry, especially when dealing with the latest-generation computer crime, since Ecuador is currently carrying out legislation in this regard. It should be remembered that in the Penal Code practically this class of crimes lacked sanctions. With the entry into force of the Organic Comprehensive Criminal Code, there are already established several sanctions for different computer crimes. It has been determined that those charged with the administration of justice and professionals in free exercise, have the need to know the current criminal law in matters relating to computer crimes, to access the benefits and know what are the limitations that the law imposes on citizens on the subject of computer crimes There is acceptance regarding the possibility of implementing an exclusive chapter on computer crimes in the Adjective Penal Code Acosta (2012). One way to be able to keep consistency with the research work is to always start from what the Constitution of the Republic of Ecuador establishes in 2008, taking into account that it is the supreme norm, and that therefore all other laws, they must be subject to it, otherwise they lack legal effectiveness, because constitutional supremacy must always prevail. It should also be noted that in the Comprehensive Organic Criminal Code, not even sanctions are written for all computer crimes that are currently many. Not for that reason, because of the punitive power that the State has, it can restrict the opinion of people by any means of communication and even worse by different social networks. The obligation of a State is to create norms that satisfy the whole society, so that the citizens can live in harmony and peace.