Implicaciones de la valoración probatoria del documento electrónico en Colombia

Abstract

The ability of the legal operator to assess electronic evidence despite the limited knowledge is the one in which the research question of this work is developed. This is focuses on knowing what is the treatment that civil judges are procuring to the probative value of the electronic data-document message from the perspective of a good public administration, with the purpose of highlighting the importance of the knowledge of the judges at the time of failure, as well as the incidence of technological illiteracy in the aforementioned decisions, as judges prefer not to value such evidence or disregard value, due to their ignorance or lack of tools to assess the body of evidence that is currently consolidated electronic evidence. It could be said alraedy reaching the end, that the judicial operators fall into de facto at the time of issuing sentence, it is not very common to provide electronic evidence, for this reason its assessment is strict and novel. To make an adequate assessment of the message of data, the stage of the collection of the test is crucial, since it must keep security protocols that allow the judge to be certain that it has not been altered, a stage in which it fails many times, as has been previously expressed, for lack of knowledge of this means of proof and its characteristics, which leads to subtracting the merit of digital evidence, to be a simple documentary evidence, denaturalizing it in this way.