Assessing the Adequacy of Jordanian Penal Code Provisions in Providing Criminal Protection against Electronic Financial Crimes

السرحان, محمد حمد

doi:10.37651/aujlps.2023.140751.1013

	Assessing the Adequacy of Jordanian Penal Code Provisions in Providing Criminal Protection against Electronic Financial Crimes
Journal of Anbar University for Law and Political Sciences
Article 36, Volume 13, Issue : 2 part 1, September 2023, Pages 1064-1093 PDF (689.38 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2023.140751.1013
Author
محمد حمد السرحان^*
مكتب محاماة
Abstract
This study addresses the topic of electronic crimes involving money and how criminal law deals with them, as they are non-traditional and emerging crimes with a special legal nature. The main issue raised is the extent to which criminal law can provide criminal protection against electronic financial crimes. Are these crimes covered by the existing penal code, or do we need specific legislation to understand the nature of these emerging crimes? This would enable us to control and prevent offenders from evading punishment. The study reached several important findings. Firstly, electronic crimes and electronic financial crimes have a distinct legal nature and elements that differ from traditional crimes. Additionally, the locus of these crimes is different from that of traditional crimes, as material money differs from virtual money. Moreover, the penal code was developed at a time when the concept of electronic financial crimes did not exist. Therefore, the current penal code has not been able to provide sufficient criminal protection against these crimes. The study recommends adding a provision to the Jordanian penal code that clearly defines electronic financial crimes, eliminating any distinction between them and traditional financial crimes. This would ensure their proper legal adaptation. Keywords: electronic crime, criminal law, cybercriminal, electronic money, electronic financial crimes
Keywords
Electronic crime; ،criminal law; ،cybercriminal; ،electronic money; ؛; ،electronic financial crimes

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