Criminal Liability in Cyber Crimes
DOI:
https://doi.org/10.64184/ajlps.V3.I2.Y2026.892-909.353Keywords:
-Criminal liability - cybercrime - information crime - cybersecurity - combating cybercrimeAbstract
Cybercrimes have become among the most serious crimes in the modern era due to the rapid development of information technology and communication systems, along with the widespread use of the Internet and digital platforms in various aspects of daily life. This development has led to the emergence of new forms of criminal behavior that threaten individuals, institutions, and states, which necessitated legislative intervention to regulate criminal liability for such crimes. This research aims to clarify the concept of criminal liability in cybercrimes and to explain its essential elements, while highlighting the main forms of cybercrimes and the legal challenges they raise, particularly those related to evidence, identification of the offender, and jurisdiction. The study also examines the position of criminal legislation, especially Iraqi law, regarding cybercrimes and assesses the adequacy of existing legal provisions in providing effective criminal protection, with reference to proposed recommendations for strengthening criminal policy in combating cybercrime
References
SOURCES
I. Books and Academic References
1. Ahmed Fathi Sorour, Al-Waseet fi Qanoun Al-Uqubat – Special Part, Dar Al-Shorouk, Cairo, 2011, p. 145.
2. Abdel Latif Ahmad, Cyber Crimes and Analysis of Criminal Policy, University of Jordan Publications, Amman, 2021, p. 85.
3. Abdel Fattah Bayoumi Hegazy, Cyber Crimes and Their Impact on Social Security, Dar Al-Fikr Al-Jamei, Alexandria, 2018, pp. 82, 90.
4. Qasim Muhammad Aboud, Cyber Crimes in Iraqi Legislation and Comparative Law, Dar Al-Nahda Al-Arabiya, Cairo, 2019, pp. 60, 72.
5. Abdelkader Ouda, Islamic Criminal Legislation Compared with Positive Law, Dar Al-Kitab Al-Arabi, Cairo, 1988.
6. Ahmed Aref, Modern Criminal Policy: Punishment and Prevention, Dar Al-Shorouk, Cairo, 2020.
2. Laws and Judicial Decisions
1. Iraqi Penal Code No. 111 of 1969, amended, General and Special Sections, Baghdad.
2. Iraqi Information Protection Law No. 50 of 2017, provisions related to institutional responsibility and penalties, Baghdad.
3. Federal Supreme Court of Iraq, Unauthorized Access to Government System, Decision No. 58 of 2019, Iraqi Judicial Decisions Collection.
4. Federal Supreme Court of Iraq, Determination of Penalties for Non-Intentional Crimes, 2019.
5. Federal Supreme Court of Iraq, Determination of Penalties for Cyber Crimes, Decision No. 61 of 2019.
6. Federal Supreme Court of Iraq, Data Leakage Due to Negligence, 2020.
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