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Procedural Challenges related to Informatics Crimes | ||
| Journal of Juridical and Political Science | ||
| Article 1, Volume 5, Issue 2, 2016, Pages 253-290 | ||
| Authors | ||
| a Hassan Nisaif; Assistant Lecturer. Safa | ||
| Abstract | ||
| Major developments in the field of Internet and information networks have been accompanied with unique and novel criminal patterns that communities were not familiar with before . They raised massive controversy focused directly on the extent of the flexibility and breadth of traditional punitive legislations to accommodate such patterns. Especially in the procedural aspect that this study shed the lights on concerning the procedural challenges raised by the IT, Cyber, crimes to the extent of admissibility for digital evidence . Especially the data that cannot be reached only by the use of certain techniques and applications under the supervision of experts in this area. Its authenticity depends on the nature of the current judicial system and the discretionary power granted to the judge, and the extent to which system of scientific proof is reliable in Criminal evidence; The problem also raised in the inspection field of virtual digital environment due to the special character of such environment. In addition, the breadth of informatics crime scene to the extent that territorial boundaries are canceled which enforce finding legal solutions to impose an inspection outside the borders of the State's territory; and other challenges are raised out of the fact that cyber crime does not recognize the territorial boundaries for the competence conflict in the event of having the crime happened in any place plugged into the Internet and their impact is realized in other multiple places or by a person or people with different nationalities raising a legal problem in determining the crime scene. Then, the applicable law calling for neglecting the traditional stereotypes and adopting new and innovative legal basis to suit the nature of these crimes. | ||
| Keywords | ||
| Procedural challenges; informatics crimes | ||
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