Jurisprudencia y Ciencias Sociales

URI permanente para esta comunidadhttp://repositorio.uta.edu.ec/handle/123456789/892

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2025 - 20262

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Tema: search.filters.subject.PHISHING

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  • Miniatura
    Item type:Ítem,
    Delitos cibernéticos y la regulación normativa frente a la inteligencia artificial
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2026-01-27)
    Cedeño Lobato, Bryan Israel
    ;
    Jordán Buenaño, Jeanethe Elizabeth
    The rapid rise of artificial intelligence in the digital sphere has radically transformed how cybercrimes are committed, creating a critical regulatory gap in national legal systems, including Ecuador's. This paper therefore provides a timely and current analysis of the capacity ofthe existing legal framework particularly the Comprehensive Organic Criminal Code (COIP) to address emerging criminal behaviors such as deepfakes and phishing, phenomena that challenge traditional criminal categories. The research falls within the field of Criminal Law and New Technologies and adopts a mixed, bibliographic-statistical approach at an exploratory-descriptive level. A validated questionnaire was administered to a sample of 100 lawyers from Ambato, selected through convenience sampling, complemented by systematic documentary analysis of national and international regulations. Findings reveal significant gaps in the COIP, a lack of specific criminalization of Al-related offenses, and a widespread perception of institutional inadequacy in investigating these crimes. As a scientific novelty, the study proposes introducing an autonomous criminal offense for Al-generated false intimate content and treating the use of AI as an aggravating factor—a proposal aimed not only at closing penal loopholes but also at ensuring the protection of fundamental rights in the algorithmic era, thus offering a concrete contribution to the contemporary criminal law debate in Ecuador.
  • Miniatura
    Item type:Ítem,
    La Prisión Preventiva en el Delito de Apropiación Fraudulenta por Medios Electrónicos
    (Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2025-03-28)
    Galarza Mayorga, Miriam Raquel
    ;
    León Trujillo, Edisson Santiago
    Preventive detention constitutes a precautionary measure aimed at ensuring the defendant's appearance and the enforcement of the sentence. In cybercrimes such as Electronic Fraudulent Appropriation, its application becomes particularly relevant due to the transnational nature of these crimes, which facilitates the evasion of justice by offenders. Furthermore, preventive detention is an exceptional measure; therefore, its application requires strict necessity and compliance with legal requirements to avoid arbitrariness. The objective of this research is to discuss the application of preventive detention in the crime of Electronic Fraudulent Appropriation. This study is framed within an explanatory investigation, employing a qualitative approach primarily supported by a bibliographic-documentary analysis. Consequently, this work falls under the research line of public policy, law, and society. The main finding is that the application of preventive detention in the crime of Electronic Fraudulent Appropriation depends on the particularities of the case, considering the transnational nature of the offense and compliance with the legal requirements established in Article 534 of the COIP. Interviews conducted with judges in the canton of Ambato revealed that the imposition of preventive detention requires a comprehensive legal analysis. This measure does not depend on the severity of the crime but rather on the requirements established in Ecuadorian law. In the case of fraudulent appropriation, a critical factor is the procedural risk involved in this crime. Therefore, to meet its purpose, it would be feasible to impose a precautionary measure of preventive detention. Since this crime may acquire a transnational nature, a tool that can aid in the proper development of the process is the Red Notice. Accordingly, it is concluded that preventive detention is essential in handling the crime of Electronic Fraudulent Appropriation. However, its application must adhere to rigorous criteria of proportionality, necessity, and suitability, in compliance with domestic regulations and international human rights standards