Abstract

YEPES GOMEZ, MARCELA MARÍA; PEREZ BENITOREVOLLO, JESÚS ARMANDO  and  PEINADO, MARIO. APPLICATION OF ELECTRONIC EVIDENCE IN THE COLOMBIAN REGULATORY SYSTEM. Novum Jus [online]. 2022, vol.16, n.1, pp.253-277.  Epub Nov 27, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2022.16.1.11.

Currently, people use digital platforms or applications to carry out different legal acts and businesses. The technological era has forced the operators of justice to create new regulations that respond to new emerging needs; for example, nowadays, people can use a screenshot to support in front of a judge that there was a violation of their rights in a social network. Hence the need to study-based on a literature review-the evidentiary treatment of data messages (chats, emails, internet pages, social networks, etc.) and compare the Colombian legal context with other legal systems such as those of the United States, Argentina, and Spain.

Therefore, the following article uses a qualitative research method with a descriptive approach, finding that the legislations of Colombia, the United States, Argentina, and Spain do not have a clear notion of digital evidence. On the contrary, these countries are governed by the figure of data message, which perhaps arises in the framework of digital signatures and documents. Conclusively, there are still regulatory gaps regarding this topic that hinder the procedural treatment of digital evidence.

Keywords : electronic evidence; procedural law; general principles of procedure; legal validity.

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