جريمة التهديد في التشريع الجنائي الفلسطيني " دراسة مقارنة"
Date
2020-06-04
Authors
ولاء محمد خضر الخياط
Walaa Mohamed khader AL-khayhat
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Publisher
Al-Quds University
Abstract
This study examines the crime of threat in the Palestinian criminal legislation through the provisions of the Penal Code No. (16) of 1960, the Penal Code No. (74) of 1936, the Telecommunications Law No. (3) of 1996, and a decision of the Law on Electronic Crime No. (10) of 2018, and the Palestinian draft penal code of 2003 was meandered.
The study showes that the threat of crime is considered one of the most serious and most common crimes, due to the presence of many abuses that violates the privacy of individuals and their personal freedom, as there are differences between the nature of this crime, whether in terms of punishment or in terms of the severity and spread of this crime. This seriousness, which the researcher realized, led her to choose this subject that she is about to do.
The study aimes to shed light on the concept of a threat crime by defining it, how it arises and explains its relationship with other crimes in terms of similarity and difference, and clarified the motivations of its existence, and the means committed to complete it, to emphasize the penalties for it.
The comparative analytical approach to legal texts and judicial decisions dealing with this type of crime has been used in and compared to various legislations, whether Palestinian, Jordanian or Egyptian.
The study concluded several results, including: that threat crimes are one of the new old crimes, as they have evolved with the development of modern electronic means as a result of the massive technological revolution in recent times, especially because these crimes have penetrated the borders of countries and expanded to outer space. Likewise, the authorities concerned with threat crimes find it extremely difficult to detect the perpetrators of this crime, especially in light of the tremendous technological and scientific development.
The researcher also recommended several recommendations, including: she recommended the Palestinian legislator to tighten the texts of some articles criminalizing the crime of threat. The legislator recommended that the threat crime should be separated from the crime of intimidation. The researcher recommended people who fall prey to threatening crimes to report this crime to the competent authorities, so that it can be detected, and that no one fall under the weight of this crime again, and finally recommended the need to respond to developments and the massive scientific revolution in the field of technology, and keep pace with how to control crimes especially a threat crime.
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Citation
الخياط، ولاء. (2020). جريمة التهديد في التشريع الجنائي الفلسطيني " دراسة مقارنة" [رسالة ماجستير
منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/c770ee