Procedural criminal law assessment of child pornography generated by artificial intelligence in Ecuador

Abstract

This research focuses on analyzing the legal possibility of accepting digital evidence generated by artificial intelligence (AI) in Ecuadorian criminal proceedings, specifically regarding the digitization and production of child sexual abuse material. In recent years, the rapid advancement of deepfakes and fully automated image generation models has substantially transformed the conditions surrounding the evaluation of evidence in court. The research employed qualitative methods, combining dogmatic-legal, analytical-synthetic, and hermeneutical approaches. The study considered Ecuadorian legislation, specialized doctrine, and comparative experiences to identify legal gaps that hinder the uniform treatment of digital evidence. It was found that, although Ecuadorian regulations recognize principles such as the legality of evidence, chain of custody, and judicial reasoning, there are still no rules for authenticating or evaluating files generated by algorithms. International jurisprudence was also identified that underscores the need for more rigorous expert controls and more robust authentication mechanisms. Finally, the work broadens its focus to the criminally protected rights that are threatened by the creation of child pornography through AI, emphasizing that the responsibility to guarantee the dignity, integrity and integral development of children as the central focus of any criminal response falls on the State.