General Elements of Cybercrime and Their Applications: Cyber Extortion as a Model

Abstract

This research examines the general elements of cybercrime and their applications, with a particular focus on electronic blackmail as a practical model. The study seeks to clarify the legal structure of cybercrime and to determine the position of the requirements of the legal model within the general structure of the crime, while examining the extent to which the general rules of criminal law can accommodate criminal acts committed through digital means. The research adopts an analytical and comparative approach by examining the Iraqi legal framework, particularly the Iraqi Penal Code No. (111) of 1969, as amended, and comparing it with the Egyptian Information Technology Crimes Law No. (175) of 2018 and the Saudi Anti-Cyber Crime Law issued by Royal Decree No. (M/17) of 1428 AH. The study also addresses the legislative developments in Iraq concerning proposed laws on cybercrime and information crimes. The research concludes that the digital environment does not constitute a fourth independent element of the crime. Rather, it may be connected, depending on the nature of the offense, with the specific requirements of the legal model, whether in relation to the object of the criminal conduct or the means by which the act is committed. The study further finds that the absence of a special and independent Iraqi legislation regulating cybercrime does not necessarily prevent criminal liability where the facts can be brought within an existing criminal provision without expanding or analogizing criminalization beyond the limits of the law. With regard to electronic blackmail, the study demonstrates that its legal characterization depends on the actual elements of the conduct and the applicable criminal provision, rather than merely describing the act as “electronic blackmail.” Article (430) of the Iraqi Penal Code may apply to certain forms of electronic threats when its legal elements are satisfied, while Article (456) should not be applied merely because a financial demand is present, since the elements of fraud required by that provision must first be established. The study also finds that one of the principal practical difficulties in electronic blackmail cases is establishing the attribution of the digital conduct to the accused. The existence of a message, account, telephone number, or digital content alone may not be sufficient to establish authorship or actual use by the accused. Therefore, digital evidence should be assessed within an integrated evidentiary framework supported by technical and objective evidence. The research recommends the adoption of specialized Iraqi legislation regulating cybercrime, including electronic blackmail, with precise definitions and clear criminal elements. It also recommends establishing comprehensive rules for the collection, preservation, examination, and presentation of digital evidence before the courts, while maintaining a proper balance between protecting individuals from digital blackmail and safeguarding the procedural and legal guarantees of the accused.