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Browsing by Author "Salazar Tascon, Tatiana Andrea"

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    Análisis Jurisprudencial Del Valor Probatorio De Capturas De Pantalla De Redes Sociales En Procesos Penales De Estafa: Una Revisión De Decisiones De Las Cortes Y Juzgados Del Valle Del Cauca
    (Universidad Santiago de Cali, 2024) Angulo Candelo, Vanessa; Salazar Tascon, Tatiana Andrea; Ospina Molina, Pablo Sergio (Tutor)
    The article analyzed the evidentiary value that the high courts and the courts of Valle del Cauca granted to screenshots of social networks in criminal proceedings of fraud. The legal research used the analytical method of jurisprudence to identify how digital evidence, including text messages and screenshots from WhatsApp, Facebook and Twitter are valued in the Colombian legal context. The results showed that “Law 270 of 1996” established the authenticity of digital evidence and its evolution from the detailed review of laws has highlighted the importance and impact that WhatsApp screenshots can have in the resolution of criminal proceedings, “Law 527 of 1999” regulated data messages and their requirements to be legally valid, and “Law 1564 of 2012”, which issued the General Code of the Process, allowed the evidentiary valuation of text messages, that is to say that although as a result of these have been valued only as circumstantial evidence at present, since Law “1564 of 2012” they are already valued as documentary evidence. It was concluded that screenshots can be used as evidence if they are considered with caution and supported with expert opinions. Jurisprudential evolution has made it possible to assess this evidence by applying rules of sound criticism, reliability and authenticity. In fraud proceedings, screenshots can demonstrate relevant transactions and communications, but courts must carefully assess their integrity and authenticity to ensure their legal validity.

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