Computer System Functionality as a Protected Criminal Law Interest and Its Reception in Ecuador’s Comprehensive Organic Criminal Code

Abstract

Committing an offence through a computer system does not, by itself, reveal which legal interest the offence harms. This article examined whether computer system functionality operated as a protected legal interest under Ecuador’s Comprehensive Organic Criminal Code (COIP), and to what extent. The study followed a doctrinal and documentary legal design with a descriptive and analytical scope. It read Articles 229 to 234.4, the 2021 and 2026 amendments and their links with other offences through literal, systematic and purposive interpretation. Mayer Lux’s (2017) work served to separate the protected interest from the data and systems targeted by the conduct. For each modality, the study distinguished the predominant interest, its relationship with functionality and the form of protection. The result was implicit and partial protection. Functionality appeared most clearly in Article 232 and in the aggravating provision of Article 234.2; unauthorised access under Article 234 was read as protecting legitimate control over the system prior to any operational damage. In the remaining modalities, privacy, property, authenticity or classified public information carried more weight. Three hypothetical cases helped draw the line between fraud, computer manipulation and attacks on critical services. The study concluded that the provisions reflected a hybrid model and that functionality could serve as an interpretive criterion, always within the limits of legality and the presumption of innocence. It did not assess the application of these criteria in criminal proceedings.