الأحكام الموضوعية والإجرائية للجرائم الإلكترونية بفلسطين دراسة تحليلة تأصيلية مقارنة

Date
2020-02-01
Authors
نسرين جورج عيسى زينة/ رشماوي
Nisreen George Issa Zienah/Rishmawy
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Al-Quds University
Abstract
This study is a comprehensive study on Cybercrime in both its substantive and procedural types. The first Chapter addresses the Legal nature of Cybercrime، its definition، elements، and the special characteristics that distinguish it from traditional crimes as well as the tools used for committing a cybercrime as it requires different tools & a person with special characteristics make him a distinctive from the criminal in traditional crimes. International and national efforts were exerted to combat the cybercrime and to establish a specific mechanism for preventing &reducing the crime by holding international conferences، symposia & conventions، as well as issuing the Decree Law No. 10 of 2018 on cybercrime at a national level and establishing specialized prosecution and specialized unit to combat cybercrime in the police and the rest of the security services also training judiciary officers on how to obtain a valuable evidencewith a very high techniques to use it before the competent court. Combating this crime requires regulating procedures by a Palestinian legislature under a special law resolution; however، this regulation is limited to the stages of collecting evidences and preliminary investigation. As for the stage of the trial، it is similar to the procedures used in the traditional crimes which are developed by the general provisions of the Palestinian Criminal Procedure Law No. 3 of 2001.
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