Análisis de la falta de tipificación de la conducta: Ransomware(secuestro de Datos) en el código orgánicointegral penal.

Abstract

This research work covers the problem of the regulation of computer crimes in our legal system, with emphasis on the study of the criminalization of the behavior of Ransomware (Data Hijacking) from a qualitative research approach of doctrine, national legislation, comparative legislation, and International Treaties and Conventions ratified by the Ecuadorian State concerning computer crime. The concepts and definitions of Computer Law, Computer Criminal Law, the modality of execution of Computer Crimes itself, Ransomware behavior, its elements, characteristics, and a classification of those that are the most frequent according to the analysis of jurists specialized in the matter, and the scrutiny of the "Computer Functionality" as a new protected legal good —according to the doctrine— are determined to establish a better context of the phenomenon to be studied. An analysis of the Penal Type of the articles of the Organic Integral Penal Code that tend to regulate the conduct defined as "Computer Crime" is elaborated to identify the aspects that the Code does and does not regulate. Finally, it is determined whether this behavior is regulated or not by contrasting the results obtained in the developed chapters and the investigated information.