Metaverseee
Metaverseee
Metaverseee
Mwahaib@yahoo.com
299
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Abstraction
Legislation may be often not enough for protecting information, and regulatory
strategies are insufficient as well. Technical means are not also sufficient in
preventing risks threating information whatever their effectiveness is. Thus, the
protection is a complex structure consisting of law, regulation strategy and
technology. The increasing use of and reliance on computer information systems
has highlighted the need for good information system management. Legislative
control can have a positive effect on this system by providing deterrence and
increasing the public awareness of users about the problem.
Introduction
300
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
criminal texts. Therefore, any legal treatment for any act should be based on the
balance between the two previous principles.1
Hence, the efforts are made to lay down a legal treatment based on the balance
between these principles and the amount of interest, which require protection. In
accordance with the penal code, a person cannot be punished unless there is a
crime firstly. Then, there must be a law incriminating the act according to criteria
proportionate to the size of the challenges encountering the law-maker; as well as,
considering the nature of the continuously renewed environment in the field of
electronic transactions.2
As it is well- known, the traditional laws were not written in the internet
community,3 i.e. they have been legislated at a time that the current technological
services were not known and are accompanied by terms strange to these
legislations. The concepts used in the previous texts have become unsuitable with
the nature of the unsocial activities committed currently.
If the cyber laws are enacted, the criminals will be found guilty with their explicit
acts according to the texts capable of dealing with these acts, and not according
to the wide interpretations of the traditional texts, which are not capable of dealing
with such acts and the concepts they involve.4
The dependence on the broad interpretation of the concepts of the texts will
have no positive results in all cases. There will definitely be difficulties in applying
these texts to the variables of modern technology. The modernization, therefore, of
the currently used laws is required, where the failure in confronting the problems of
301
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
the modern techniques may result in a shadowy future, since they seriously
influence the civil liberties.5
As well as, the modernization of the criminal laws may somehow contribute, to
creating harmony among the legal rules of the world countries. This is necessary
in facing the criminal activities, which transgress the boundaries of the countries
whether on the substantive level or the procedural.
Such matter stands in the way of the efforts which seek to unify these bases
which can only be accessed through7:-
1. The bilateral, regional, or international agreements.8
2. Recommendations of the regional and international organizations.9
3. The directions and models.10
Most countries of the world have recently started enacting the laws concerning
the technology crimes including the computer-related crimes “information
forgery”.11 But that does not deny the fact that the technological advance is quicker
than the response of the foundations concerned of this danger.
302
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
So, it is a surprise that a lot of criminals seek a safe haven in countries, which
have no cyber laws to incriminate such acts, to commit their crimes without being
afraid of the legal pursuing and the deterrent punishments.12
The countries have taken two approaches in dealing with the unsocial activities
resulted from abusing technology:
i. Some countries have tended to amend the existing laws, and have
introduced modernizations to the texts of these laws via making the
necessary amendments supported by the concepts capable of treating
the diversity and development resulting from the nature of these
techniques.13
ii. Some other countries14 have tended to legislate new laws specialized in
dealing with all the criminal activities resulting from the use of these
techniques.15
In the last group, the laws of the countries have differed as to the treatment of
the information forgery in its electronic form as follows:
1. Considering the information forgery as information fraud within the scope
of computer-related crimes. Namely, that any change, or modification, or
alteration of the information should be listed as information fraud crime or
the so-called the computer-related fraud.16
2. Considering the information forgery an independent crime and should be
addressed in a special text.17
3. Not addressing the information forgery crime, and confining to applying
the texts concerning the other formation crimes.18
303
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
This will be shown through the analysis of the texts of some chosen laws in
this context, so as to arrive to a comprehensive overview capable of drafting a
typical text criminalizing the information forgery and the electronic documents. This
means, in this context, we adopted a method of analysis and comparison between
the texts of the laws that dealt with this crime in order to reach the desired aim.
On the other hand, the choice of laws from different countries helps to know
the way in which these laws treated this crime, and benefiting from the texts of
these laws to solve the problems arising from drafting an integrated text to confront
this crime, let alone displaying the best drafting from among the laws proposed by
these countries' legislators.
Generally, what matters to us is how the German Criminal Code tackled the
forgery, which takes place in the field of information and electronic documents. This
law, under the title forgery of data intended to provide proof, showed that
whosoever, for the purposes of deception in the legal commerce, stores or modifies
data intended to provide proof in such a way that a counterfeit or falsified document
would be created upon their retrieval, or uses data stored or modified in such a
manner, shall be liable to imprisonment not exceeding 5 years or a fine.20
304
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
From above, it is made clear that the German law has incriminated the act of
forgery, which takes place according to one of the specific acts, namely storage or
modification. A matter, which denotes that the criminal conduct as one of the
material elements “actus reus” of the forgery crime is done through the two specific
acts mentioned above. That is to say, the other acts, which can be listed under the
heading of forgery like inputting, changing or hiding the computer information or
data,21 according to the article above, are not considered a forgery crime, which
requires a punishment.22 It also appears that German Code does not refer to the
forgery, which occurs with non-physical means, and the law seems to limit the
forgery to the material means only.
On the other hand, it follows that the mental element - as one of the elements
of which the forgery crime consists - represents the intent of deception in the legal
commercial dealings. A matter, which means that any storage or modification of
these data without the intent of deception in these dealings keeps the description
of crime away from the act, because of the lack of its mental element which is the
special criminal intent. The German Code views the influence in the processing of
the data in the legal commerce as a forgery and equivalent to deception in the
commercial transactions.23
Added to what is preceded, the German Code has set a condition that the data
- which have been subjected to one of the acts forming the forgery crime - are
intended to provide proof upon which a false document will be created. Namely,
that the act will be a crime whenever a false document is established depending
on the retrieval of the data which have been manipulated by the criminal. The
305
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
The German Criminal Code has stressed the criminal responsibility of the
offender for forging the computer-related data and decided the punishment from 6
months to 10 years imprisonment if: “
1- The offender causes major financial losses.24
2- Endangers the security of the legal commerce through a large number of
counterfeit or forged documents.25
3- Abuses his powers or position as a public official”.26
306
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
The German legislator increased the minimum punishment to one year when
the offender would commit forgery on commercial basis or as a member of a gang
whose purpose is to constantly commit the forgery crime, whereas the punishment
will be the imprisonment from 6 months to 5 years for anyone who commits forgery
in less serious cases.27
From what has been said, it follows that the German legislator has taken into
account the amount and danger of forgery and size of the damage caused by this
act on suiting the punishment to the offender. In this respect, we argue that
considering the damage, which may result from the forgery and taking that into
consideration when suiting the punishment to the criminal is an advisable thing,
owing to the great damages caused by the forged information in the electronic field.
Para 14 of Art 115 of the Polish Criminal Code of 1997 “Kodeks karny”28 has
defined the concept of document, which states:
In accordance with this Art and Para (1) of Art 27029, person who counterfeits,
forges, alters or uses a document - according to the concept above - so as to use
it as an authentic document, he will be punishable by fine and restricting liberty or
imprisonment for a period ranging from 3 months to 5 years. Consequently, the
307
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
From above, it is understood that the Polish legislator- in Para 14 of Art 115
of the mentioned law- has expanded the scope of the concept of the document to
include all the instruments in any form as long as it contains the information.
Namely, this text includes any electronic carrier of the information,31 which is related
with the right or which, through association with its content, provides proof to the
right or the legal relation or circumstances of great legal importance. Consequently,
the forgery involves the content of the electronic and paper documents equally.
The aforesaid law has defined the nature of the material element of this crime
and showed the criminal acts which are regarded as ways to change the correct
information in a way that makes it contrary to the truth. Precisely, the methods of
changing the truth in the forgery crime are represented by some acts, namely,
forging, counterfeiting and altering document.
The definition of forgery, in our estimation, according to this article is not clear
and adequate since the Polish legislator interpreted and defined the crime through
the use of one of the terms - forgery, counterfeit - which basically need clarifying,
i.e. he interpreted the crime as the forgery itself without defining the forgery crime
which is represented by making the content of the document contrary to the truth.
So, it may be useful in some aspect to use the terms such as changing, modifying,
inputting, creating and suppressing and other criminal acts to which the other laws
referred. But in the meanwhile, this drafting may support the required flexibility to
cope with the development in the field of technology which may include any act or
308
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
conduct emerging in the future through adopting the broad interpretation of the
forgery act (the material element) provided by the text mentioned. Moreover, the
text above does not distinguish the forgery made by material means and the forgery
made by nonmaterial means (i.e. forgery in the meaning).
The Polish legislator explicitly showed that the forgery crime is a deliberate
crime, and referred to the special criminal intent through the expression “with the
intention of using”. This indicates that the criminal intent in this crime is the intention
of using the forged documents as if they were authentic. This reference goes with
the nature of the forgery crime because it is an intentional crime, which cannot be
thought without a special criminal intent besides the general intent. But, according
to what we have already gone into discussing the special criminal intent of this
crime, the restricting of the special criminal intent to the intention of using the forged
document may not be preferable in this context for the reasons already
mentioned.32
The Polish legislator has adopted the approach adopted by some other laws,33
which addressed the forgery crime of information and electronic documents, and
equaled between the forgery crime and the crime of using the forged documents,
and assimilated them in terms of responsibility and punishment.34
Moreover, the Polish law on dealing with the forgery crime does not clarify the
issue of damage. The damage, which is explained is an influence produced by the
process of forgery as a whole, and the above law does not refer to this issue and
does not identify the nature of damage in relation to the forgery crime, whether it
is an element or influence in this crime.35
309
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Some of jurists,36 under the Polish Penal Code of 1997, view that the crime of
forging the computer documents ranges within the scope of fraud crime committed
with the help of computer. Accordingly, the person who, for the purpose of getting
a material benefit, or causing damage to another person, influences the automatic
processing, collecting or transferring of the information, or changes, deletes or
introduces a new record on an electronic information carrier without being
authorized to do so, shall be punished by fine and restricting liberty or the penalty
of deprivation of liberty for up to one year.37
From the article already mentioned, it shows that the Indonesian law has
identified the acts, which are listed under the criminal conduct of forgery Crime
(manipulating, creating, altering, deleting and tampering). But it does not refer to
the issue of suppressing the information and electronic records, which have been
protected under this article. Consequently, every person commits one of these acts
310
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Also the law has explicitly defined the nature of the forgery crime as a deliberate
crime through the expression used “knowingly”, in the sense that the offender
commits this act knowingly. That agrees with the eroding where most laws treating
this crime that emphasized that it is one of the intentional crimes.
It should be mentioned, despite that the Indonesian law has clarified the nature
of this deliberate crime, but it did not clarify the special criminal intention, which
most laws referred to. The law sufficed to show the purpose of forgery crime, that
is, these electronic information and records seem as if they were original (correct).
This may be regarded as an orientation to make the special criminal intent general
to include all the criteria mentioned by a number of laws or jurisprudence.
Seemingly, the intention of making the electronic information or records contrary to
the truth may represent the special criminal intent. This alone constitutes a general
criterion which may involve all what has already been mentioned- this is partly
preferable- especially under the continuous technological developments which
need adopting such a criterion in the current conditions.
Related to this, the law above does not refer the issue of damage in the forgery
crime, and does not consider this issue neither in describing the damage and its
nature in the forgery crime, nor the influence of this issue on estimating the
punishment as some of laws did already mentioned.40 Also the law did not
311
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
From above, it follows although the law above has treated the forgery in an
independent text and identified the acts, which may constitute a computer-related
forgery crime. There are some remarks about this law that we would like to present
as follows:
➢ Restricting the acts which may constitute a forgery crime in three cases,
namely inputting or changing or deleting without reference to the other
cases which may lead to commit this crime like creating or suppressing
312
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
313
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
despite that most studies have referred to the amount of loses resulting
from the processes of manipulating in the data of electronic systems,
programs and devices besides the communication networks, especially
under the attempts to electronize all the works of life in the present time
in all sectors across the world.
➢ The legislator has focused on the result of the criminal conduct, which is
represented by revealing data, which are inauthentic and contrary to the
truth that are acted upon to realize the legal purposes.
➢ Not attaching any importance to the issue of the direct readability or
understandability of the data that is an object of a forgery crime. The
readability or understandability of these data has influence neither on their
value nor on considering the act a crime or not. In other words, the acts
to which the legislator referred will be considered a punishable crime
whenever they are performed according to the form determined by the
legislator, and whose subject are data which are understandable or
readable even if indirectly. This orientation, which is adopted by the
legislator, deserves a positive evaluation.
➢ This law does not consider the cases mentioned by some laws which
have treated the crime of forging the information. For example, this law
does not observe to aggravate the punishment in case that the object of
the forgery crime is documents or data relevant to the state activities or
the foundations charged with providing public services, or the banking and
financial institutions.45 Additionally, the law does not pay any attention or
314
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
intensify of the punishment in case that the criminal abused his job or
position when committing the forgery crime.46
Morocco is classified as one of the countries, which took care of treating the
information crimes under an existing law following modifications made to it to
contain the technical developments in the field of crime.47 The Moroccan legislator
has added an independent chapter to the current criminal law according to which
the law treated this new kind of the criminal activities.48
Through these provisions, the Moroccan law has addressed the process of
forging the information documents using two general terms in criminalizing the act,
which constitutes a forgery crime, namely “counterfeit, forgery”, without reference
to the other acts which falls within the scope of forgery crime. In other words, we
argue that the law tried, through this drafting, to leave the text general as to involve
any change or development which may occur in the technological environment,
315
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
especially it is continually renewed. The Moroccan law, therefore, did not define
the nature of the forgery crime and the acts through which the criminal conduct
occurs in the crime. It also follows that the law above does not distinguish between
the material forgery and the non-material forgery, which takes place in the
meaning. Despite the aforesaid characteristic of this drafting, the courts may
interpret this drafting arbitrarily and this is not dangerous to some extent.
When treating the forgery crime within the scope of informative space, the
Moroccan legislator did not show the criminal intent, which is one of the key
elements in incriminating the acts, which make the information contrary to the truth
in a way that causes damage to the others. The law above does not explicitly refer
to the purposeful nature of this crime; as well as, this cannot be concluded from
the context of the legal text which is originally free of that. So, it was advisable for
the Moroccan legislator to mention that this crime, which occurs in the field of
information, is a crime is committed intentionally and purpose fully, and this is a
matter that most laws emphasized in this respect.50
On the other hand, the Moroccan legislator, in the context of his treatment of
this crime, did not consider the relationship of the forgery object to the state
organizations or the associations charged with a public service, and the case in
which the offender in a forgery crime is a person abusing his position or job to
commit the crime.
Realizing the danger of these crimes and the amount of damages which may
be caused by these crimes in the present time, especially under globalization and
the adoption of computer systems into all fields, the law referred, on treating this
316
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
crime, to the issue of damage without observing the nature, amount or kind of the
damage which may be caused as a result of these criminal activities. But what it
appears from the text mentioned that the Moroccan law stipulated that damage is
done to others in order for the act is considered a punishable crime, and that is
interpreted for making the damage one of the essential elements of the information
forgery crime, and that goes against the logical and mental description of the
position of damage in this crime as a resultant influence because it is one of the
danger crimes which do not requires the occurrence of the actual damage.
Related to this, the Moroccan law does not deny the relationship of the forgery
crime within the scope of information space to other crimes. So the law, when
reviewing the legal treatment of this crime, also mentioned the crime of using the
counterfeited or forged information, and decided the same punishment for both
crimes in one text.
The Moroccan legislator should have allocated an independent text for this
crime though being associated with the forgery crime, and whose subject is a result
of forgery, this crime should be treated individually. The mentioning of the two
crimes into a single text may confuse some specialists with the oneness of the
crime and give an impression that the use is only an aspect of the conducts
according to which the forgery is committed, and also the emphasis on the
separation between the two crimes though they are interconnected.
Oman has treated the modern technology crimes under a special law called
the Cyber Crime Law issued by the royal decree no. 12-2011 in chapter four under
317
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
the title “Forgery and Information Fraud”, and specifically in Article 12 that
incriminates the conducts of performing the information forgery. This Article
provides:
“The penalty with imprisonment for a period not less than one year and not
exceeding three years and a fine not less than OMR one thousand and not
exceeding OMR three thousands or by either penalty, shall be applied to any person
who uses the information technology tools in the commission of information forgery
crimes by changing the nature of such data or the electronic information by addition
or deletion or replacement with the intent to use it as proper data or electronic
information, acceptable in an information system legally a matter which might
causes personal benefit to him or the other or causes damage to the other.
According to the article above, the Omani law required the change of truth for
performing the information forgery that is replacing it by its contrary, without
stipulating that this change includes all the data of the document, where the partial
change in one of these data is sufficient. But the change of truth is to be concerned
with the electronic information or data. The legislator also identified three actions
“addition, deletion or replacement” in which the real content of the electronic
318
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
document is changed, and this is the core of forgery.51 The legislator necessitated
that the forged information or data be used as proper electronic information or data,
which are legally accepted in the information system. But that should be done to
achieve a personal benefit for the criminal or another one, or to cause damage to
others whether materially or non- materially, and it may be a general damage
caused to a collective interest, or a particular damage caused to a certain person.52
This indicates that the focus is on the material acts, which change the truth without
considering the change of truth which occurs in the meaning or with non-material
means.
The law has emphasized that the information forgery crime is an intentional
crime, which requires the presence of the criminal intent along with the material
element, which is represented by the criminals' volition to commit the act although
he knows that law prevents that. And this denotes the general criminal intent, which
is not enough (in accordance with what is common in jurisprudence) for performing
the forgery crime.53 There must be a special criminal intent in this crime which is
represented- according to this article specifically- by the intention of causing
damage to the others, i.e. the criminal intends to damage the one targeted by the
forgery crime, or the intention of getting an illegal benefit through changing the truth
in the document, and this benefit belongs to the person who changed the truth, or
belongs to others.54
319
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
❖ The punishment of the simple crime: The punishment is a period not less
than a year and not exceeding 3 years imprisonment and a fine not less
than thousand Rials and not exceeding 3000 Rials or one of these two
punishments. This punishment applies to the forgery crimes whose object
is ordinary documents, or belonging to ordinary persons having no
particular status.
❖ The punishment of the aggravating crime: The Omani legislator
aggravated this punishment when the object of the information forgery
crime is the state information or data. In such a case, the punishment
shall be a temporary imprisonment not less than 3 years and not
exceeding 15 years and a fine not less than 3000 Rials and not exceeding
15 Rials.
In our opinion, the Omani legislator, in this article, although he rather treated
this crime in an accepted way, it must be emphasized that the legislator overlooked
the other cases of the criminal conduct which change the truth, and which are
regarded as the essentials of the material element in the forgery crime. These
cases are inputting, creating and suppressing. Consequently, the forgery crime is
achieved by these cases in addition to the cases mentioned by the Omani legislator
when the other elements of the crime are available. The Omani legislator also
restricted the incrimination to the scope of forgery, which is done by the material
means only.
Also, from the expressions contained in the article above, the use of the forged
information or data as if they were correct and legally acceptable. It should be
320
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
emphasized that the intention of causing damage to the others is always among
the influences resulting from this crime, and these influences may cause damage
to the others negatively or may be positive achieving an advantage to the criminal
or another person.
It seems that there is a step in the right direction realized by a draft law (act)
concerned with treating the crimes related to the computer and information systems
which is called the Information Technology Crimes Law Draft of 2010/ 2011. This
draft of act has addressed this crime in the light of Article 8, which provides:
“First- The penalty shall be temporary detention and a fine of not less than
(10.000.000) ten millions ID and not exceeding (15.000.000) fifteen millions ID for
whoever commits one of the following acts:
a. Forge, imitate, or create by himself or by another person a signature, deed,
email, authentication certificate, or a license to practice e-signature
services and the like, or intentionally used them illegally.
b. Forge, imitate, or create by himself or by another person in any form an
electronic card or smart card or any means for transferring the local or
foreign currency inside Iraq or using, circulating, or dealing with it while he
knows that it is false.
c. Use or try to use fake or false electronic card while he knows that it is
false, or accept to pay using the fake or false credit card while he knows
that it is false.
321
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Second- The penalty shall be imprisonment for a term not less than (10) ten
years and a fine of not less than (20.000.000) twenty millions ID and not exceeding
(30.000.000) thirty millions ID if the acts defined in sub-article (first) of this article:
a. Relate to the rights of the state, the public sector, or the private entities
with public benefit.
b. Commit by an officer or by a person in charge of public service during
performing his job or because of it”.55
First: Forging the electronic written documents. The law draft tried to treat any
action constitutes a forgery of a document or electronic writing that leads to change
322
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
its real content and contrary to the original truth. The draft incriminated the forgery
act represented by manipulating or changing or modifying these data or information,
which stand for the contents of the document.
The draft stated items, which may constitute an object of a forgery crime as
follows:
1- The signature, bond, writing, the certificate or license of practicing the
services of electronic signature or what is associated with it.
2- The electronic or smart cards or any means, which is used to exchange
the foreign or local currencies circulated inside Iraq.
3- The data, documents, records, or electronic registers which are used in
dealing with a private or public body.
It is remarkable that the criminal result under discussion, namely the change of
truth is represented by making the data, information, electronic document or register
contrary to the fact which the concerned parties meant in the document. Precisely,
the data or information contained in the electronic document is contrary to the fact
which the concerned parties meant under the law or reality.
323
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
The draft in treating this crime did not focus on the nature of the material
element of this crime, which is represented by the truth change which constitutes
the criminal result- as an element in the material element, but once in the clause
(D) of Para (1) of Art (8) “false”. A matter, which requires to call the attention of
those who are concerned to respecting the nature of forgery particularly in the
change of truth, i.e. (focusing that the data or information of the document are
contrary to the truth). Provided that the object of changing the truth “the data or
information of the document” is essential, having influence on the change of the
legal effects resulting from this document. Namely, the change of truth should have
an influence on the legal value of the electronic document and threaten the legal
statuses of the individuals.
In addition, the forgery crime will not be complete once the occurrence of
material acts making up the material element of this crime unless this is associated
with the criminal intent. Since the crime here is an intentional crime, no person can
be blamed or be held answerable unless he has a criminal intent, where he did not
intend to perform the acts constituting the material element for the purpose of
achieving a certain end. The criminal intent, in its general sense, is realized when
the criminal knows that he changes incorrect data or information to seem as if they
were correct, yet he wants to accomplish the material elements of the crime.56
Through reviewing the previous texts in their current from, it appears that they
explicitly referred to the intentional nature of the crime. However, they did not
mention the identification of the special criminal intent, which they came free of.
We believe that it is better to determine the special intent to the illegal intention of
324
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
the criminal, through which the availability of the criminal’s criminal intent can be
deduced as one of the key factors of the forgery crime. It should be emphasized
that the estimation and interpretation of this intention shall be an effective criterion
subject to the judge’s estimation and interpretation according to the circumstances
of each case. A matter, which can expand the capacity of the legal system to
absorb any updates resulting from the modern technologies. Consequently, this
criterion will be comprehensive of all the interpretations of the special criminal intent
which jurisprudence and the concerned laws, old and modern, referred to as the
intention of using the document or the intention of causing damage to others or the
intention of deception or fraud…etc.57 So, we prefer to put the phrase (intentionally
and illegally) to the preface of the article (8) which involves all the paragraphs so
that the text will be as follows “whoever commits intentionally and illegally one of
the following acts”.
These texts are devoid of referring to the damage in the forgery crime, unlike
the current Iraqi Penal Code.58 Although the current form did not refer to the
damage resulting from the forgery, it may be advisable in our estimation, since a
wording like this supports our view that the damage is an influence produced by
the forgery crime, and cannot under any circumstance, be described as an element
of the material element or mental element, not a condition for the punishment or
an independent element in this crime. What emphasized this is that there is a
direction not to relate the criminalization of the crime to the concept of damage.
There is a direction to criminalizing the act of forgery even if there is no certain
damage resultant. Precisely speaking, the damage in all the cases of forgery crime
is an assumed influence, i.e. the forgery, in all the cases, causes the damage,
325
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
even if that damage is not incurred on a specific person, it is incurred on the society.
Consequently, the public’s trust in the document will be weakened including the
documents and information in their electronic from. This denotes that the
occurrence of forgery crime is possible even if the damage is probable or may be
peculiar to a specific person or the whole society.
This direction, therefore, helps to remove the obstacles which may be placed
by some in punishing the forgery, especially, if we used one of the previous
descriptions of damage, then it will be an obstacle to incriminating the acts which
produce the forgery committed against the electronic documents which may not
lead to an immediate damage, but a future or probable damage. Especially, when
it is taken for granted that the damages, resultant from these acts in this electronic
environment, are great cannot be estimated at a certain figure in certain times. The
crime of forging the electronic documents, which is characterized by difficulty in
proving, can be easily proved at the same time. As a result, there will be no outlet
for the criminals to get away with the punishment, when convicted, under the pretext
that there is no damage.
Second: using the forged electronic documents. The previous article laid stress
on important issues relevant to the forgery crime including the use of the electronic
documents according to the forms mentioned by this article. It appears that there
is an emphasis on incriminating the use of the forged electronic documents provided
that this use is deliberate and illegitimate. This is an expected thing, since there is
an interconnection between the forgery crime and the crime of using the forged
326
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
documents, and the danger of forgery appears at the time when these documents
are used in the everyday transactions.
The draft treated the issue of using the forged electronic documents by the
criminal who committed the forgery crime, and that means that the offender is the
same in both crimes. The user may be a person different from the offender in the
first crime, so, the second person will be convicted of using the forged documents.
On the other hand, the draft allocated a ruling in which it treated the case of a
person who accepts forged electronic documents when used by the criminal in the
crime of using forged electronic documents. This is clearly shown when he accepts
the fake paying card or forged despite that he knows that the card is incorrect.
Consequently, he shall be punished by the same punishment imposed on the
person who uses this card.
This ruling, in our estimation, is advisable to stop the criminals who evade the
punishment under the pretext that he did not use the false or forged card in person.
It also incriminated the attempt of using the forged documents or electronic cards
in spite of his knowledge that these cards are false or forged. This ruling applies
even to the rest of the electronic documents which are used in dealing with a private
or public body.
327
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
In fact, the text in its current drafting meets with an obstacle, that is, the freedom
of trade or economic activity practice. Under this drafting, is it possible (reasonable)
to punish the person who deals with these items, taking into consideration that all
the programs or technological devices have two sides in use: positive and negative
(criminal). This means, all these items are used in social activities, and meanwhile
are used for criminal purposes as in the forgery process, which may be a felony or
a misdemeanor according to the circumstances. So, in accordance with this article,
every person dealing with these items shall be punished even if he is good-willed,
and cannot know that the offender who took these items will use them in committing
a criminal act.59
So, we argue that this matter should be respected in drafting the paragraph,
through adopting a certain criterion under which the incrimination is restricted to
dealing with the materials, devices, programs, or any technological tool which can
be exclusively used in the criminal purposes including the forgery crime, or at least
the punishment or incrimination is restricted to the scope within which these tools,
items, programs or means are really used in committing the crime, or they will be
used by the criminal in committing the crime, or may have known that they would
be used in illegal action.60 So that an innocent human being will not be punished
who does his activities according to the principles of the freedom of economic
activity.
328
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Fourth: The punishment: The article above punished everyone who commits
one of the acts already referred to by a temporary imprisonment and a fine not less
than 10.000.000 Iraqi Dinars and not exceeding 15.000.000 Iraqi Dinars. The draft
aggravated the punishment to be an imprisonment not less than 10 years and a
fine not exceeding 30.000.000 Iraqi Dinars if the acts, specified in the paragraph
(1) of this article, are relevant to the rights of the state or the public sector or the
private bodies authorized with public interest. Or they are committed by a civil
servant during his duty or because of it. With the last paragraph, the draft
distinguished between the punishment of the electronic document forgery which is
associated with the rights of the state or the public sector or the private bodies
authorized with public interest, or if these acts are committed by a state employee
during his duty or because of it (i.e. considering the character of the criminal in this
case). This indicates that there is a desire to support the trust in the documents
issued by that civil servant, also the desire to protect the rights of the state and the
public or private institutions when performing a job for the public interest. That
means, the aggravation of the punishment came to protect the rights of the state
which are generally related to the interests of the public, i.e. considering the
character of the victim; while the aggravation in the second paragraph came to
consider the character of the criminal who is supposed to be trustworthy in
performing his duty, this matter is advisable in the draft.
329
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Finally, it must be said that despite the detailed treatment of the matters arising
from or accompanying the forgery crime in the Article 8 and the paragraphs included
within, it may be sometimes unnecessary. Especially, that the legislator of the draft
expanded the concept of document under Para 13 of Article 1, which defined the
electronic document as follow:
Consequently, it is better to treat all the cases of forgery, which are committed
against the electronic documents, whatever their form may be, in a unified text with
effective concepts and bases capable of absorbing all those cases in the present
time or in the future. There is also an exaggeration in estimating the punishments
of this crime and the crimes included or associated with it in a way that triggered
the ire of the organizations and supporters of human rights,64 where there is some
right logic in some part of their defense.65
330
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Conclusion
➢ The first one prefers to criminalize this act by introducing the necessary
amendments or improvements to the provisions of existing laws and to be
adequate to cope with the evolution in the concepts of forgery as in
Germany, Poland and Morocco.
➢ The second category (Indonesia, the Philippines and Oman) prefers to
criminalize newly developed crimes within the scope of these techniques
by enacting new independent laws applied to them including information
and computer-related forgery, since this type of crimes has characteristics
which distinguishes it from traditional crimes previously known. The current
laws cannot treat the problems associated with technology, even if some
amendments are made. Therefore, it is better to find new formulas to deal
with this growing threat. Iraq follows the second approach.
Countries differ in determining the actions that constitute the crime of forgery,
which are punishable by law. In other words, the countries - subject of the
331
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
comparison - differ in determining the material element and the acts, which
constitute the behaviors through which forgery is committed. This shows that there
is really a desire among countries to combat this crime. There are also many
definitions to determine these various acts. All this confirms the expansion aiming
to accommodate any new behaviors through which the crime may be executed.
There is almost a consensus among the laws of those states that this crime
is intentional, even in light of the technological developments introduced in the
execution of the crime. There is a confirmation that this crime is executed with full
knowledge and awareness of the actor who knows from the very beginning that
s/he is violating law, nevertheless, he\she insists on executing forgery to reach the
intended result.
332
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
countries do not attach importance to the subject of the crime of forgery whether it
is information or electronic documents concerning the state or private sectors.
We call at the same time to studying the way of harmonizing texts of the Iraqi
draft law to the laws of other countries that have enacted laws concerned with anti-
information crimes, whether on the procedural or substantive level.
333
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Footnotes
1
Younis Arab, “Laws and Legislations Concerning the Internet in the Arab Countries,” (Working
paper submitted to the conference and exhibition of the international and Arabic banking
technologies, Union of Arab Banks, Jordan - Amman, held from 28-29/10/2002), p. 3.
2
In this meaning: Sulaiman Ahmed Fadl, Legislative and Security Addressing of Crimes Arising
from the Use of the International Information Network (Internet) (Cairo: Dar Al Nahda Al-Arabia,
2007), p. 412.
3
Stein Schjolberg, “The History of Global Harmonization on Cybercrime Legislation: The Road
to Geneva,” December, 2008, available at:
http://www.cybercrimelaw.net/documents/cybercrime_history.pdf. (05/02/2011), p. 1.
4
Stein Schjolberg, op. cit., p. 1; in this context see as well, ESCWA Cyber Legislations Directives:
Regional Harmonization of Cyber Legislations to Promote the Knowledge Society in the Arab
World. Beirut: 2012, available at:
http://isper.escwa.un.org/Portals/0/Cyber%20Legislation/Regional%20Harmonisation%20Projec
t/Directives/Directives-Full.pdf. (13/09/2012). ( مشروع تنسيق: ارشادات االسكوا للتشريعات السيبرانية.االسكوا
2012 ، بيروت.)التشريعات السيبرانية لتحفيز مجتمع المعرفة في المنطقة العربية, p. 117.
5
In the same meaning: Aleš Završnik, “Towards an Overregulated Cyberspace: Criminal Law
Perspective,” Masaryk University Journal of Law and Technology: Iss. 2/10, p. 174, available at:
http://mujlt.law.muni.cz/view.php?cisloclanku=2010120003. (05/03/2013).
6
Accordingly, we will see later the differences in drafting the laws, which deal with these crimes.
7
In this meaning also see: Stein Schjolberg, op. cit., p. 1.
8
See for example the Council of Europe Convention on Cybercrime ‘Budapest – 2001’.
9
For example, UNCITRIAL model laws on Electronic Commerce and also on Electronic
Signature. Commonwealth Model Laws on Computer and Computer-related Crime (2002).
10
For example, ESCWA’s efforts for making directives helping Member States in order to enact
the legislation specializing in this field. See: The ESCWA Cyber Legislations Directives and the
UAE Guiding Law to fight information technology crimes and related crimes.
11
The legislations, which we are going to display later – when making a comparison among them-
are a proof on states’ desire to regulate and to incriminate the acts resulting from abusing modern
technologies.
12
Michela Menting Yoell, Research on Legislation in Data Privacy, Security and the Prevention
of Cybercrime (First Printing, Geneva: International Telecommunication Union, 2006), p. 107.
13
See for instance, penal legislations of Germany, Poland and Morocco. These legislations will
be later discussed.
14
See for instance, legislation of Indonesia, Philippine, Oman. They will be later discussed.
15
Rizgar Mohammed Kadir, “The Scope and the Nature of Computer Crimes Statutes – A Critical
Comparative Study,” Germany Law Journal: Vol. 11 No. 1, June 2010, p. 625, available at:
https://www.germanlawjournal.com/. (10/01/2014).
334
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
16
Note the Jordan Law Draft on Information Systems Crimes of 2009 in Para 1 of Art 9. It is
available at: http://www.lob.jo/List_FeedBack_Public.aspx?ID=182&Type=1. (01/11/2011).
17
Note the legislations which we are going to examine later.
18
See for example, Unauthorized Computer Access Law of Japan no 128 of 1999. And Arts 214
and 215 of the Criminal Code of Lithuania no VIII-1968.
19
Its translation is available at: http://www.gesetze-im-internet.de/englisch_stgb/index.html.
(22/01/2013).
20
See: Para 1 of Art 269 of the German Criminal Code.
21
We think that the Germany legislator used these terms in other cases of the forgery crime, see
for example Para 1 of Art 273 concerning tampering with official identity documents, which
provides: “Whosoever for the purpose of deception in legal commerce
1. removes, renders unrecognisable, covers up or suppresses an entry in an official identity
document or removes a single page from an official identity document or………), and Para 1 of
Art 274 which provides: (Whosoever
1. destroys, damages or suppresses a document or a technical record which does not belong to
him or not exclusively to him with the intent of causing damage to another;
2. deletes, suppresses, renders unusable or alters legally relevant data (section 202a(2)), which
are not or not exclusively at his disposal, with the intent of causing damage to another; or
3. takes away, destroys, renders unrecognisable, moves or falsely places a border stone or
another sign intended as a designation of a border or water level with the intent of causing
damage to another, shall be liable to imprisonment not exceeding five years or a fine”.
22
Lorenzo Picotti and Ivan Salvadori, “within the framework of the Project on Cybercrime of the
Council of Europe, Economic Crime Division and Directorate General of Human Rights and Legal
Affairs”, Strasbourg – France, 28 August 2008, p. 29, available at:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports-
presentations/567%20study2-d-version8%20_28%20august%2008.pdf. (19/02/2013).
23
See: section 270 of the German Criminal Code.
24
See: Para 3 of section 269, which refers to Para 3 of section 267 after mutatis mutandis; in this
context see: Para 2 of Art 223.A of the Criminal Code of the Republic of Croatia No. 110 of
October 21, 1997 (entered into force on January 1, 1998), which provides: “If the criminal offense
referred to in paragraph 1 of this Article is committed in connection with the computer data or
programs of a governmental body, a public institution or a company of particular public interest,
or if significant damage is caused, the perpetrator shall be punished by imprisonment for three
months to five years”.
25
See: Para 3 of section 269, which refers to Para 3 of section 267 after mutatis mutandis.
26
See: Para 3 of section 269, which refers to Para 3 of section 267 after mutatis mutandis.
27
See: Para 3 of section 269, which refers to Para 4 of section 267 after mutatis mutandis.
28
Its translation is available at: https://www.imolin.org/doc/amlid/Poland_Penal_Code1.pdf.
(23/10/2012).
29
This Para provides: “Anyone who forges, counterfeits or alters a document with the intention
of using it as authentic, or who uses such a document as authentic, is liable to a fine, the restriction
of liberty or imprisonment for between three months to five years”.
335
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
30
A side of doctrine sees that in the new Polish Penal Code of 1997 the crime of the forgery of
computer documents falls within the range of computer-aided fraud as stated in section 287. Note
in this context: Grzegorz Kopczyński and Maciej Szostak, “The Notion of The Document in The
Polish Penal Code Of 1997,” “Dokumento sąvoka 1997 m. Lenkijos baudžiamajame kodekse,”
Jurisprudencija, 2000, t. 18(10), p. 144, available at:
https://www.mruni.eu/lt/mokslo_darbai/jurisprudencija/archyvas/?l=103771. (10/03/2013).
31 Andrzj Adamski, “Cybercrime Legislation in Poland”, Nicolaus Copernicus University, Torun
“Information Forgery as One of the Information Crimes: Comparative Study”, Al-Halabi Legal
Publications, Lebanon, Beirut, 1st Edition, 2018 p. 323,
مشنورات الحلبي،" دراسة مقارنة: "تزوير المعلومات كأحد صور الجرائم المعلوماتية، مشتاق طالب وهيب النعيمي.د
.2018 ، الطبعة االولى، بيروت، لبنان،الحقوقية.
36
See: Grzegorz Kopczyński and Maciej Szostak, op. cit., p. 144.
37
See: Art 287 of the Criminal Code of Poland.
38
Its translation is available at: http://www.bu.edu/bucflp/laws/law-no-11-concerning-electronic-
information-and-transactions/. (23/01/2014).
39
See: Para 1 of Art 51of Law of the Republic of Indonesia Number 11 of 2008 Concerning
Electronic Information and Transactions.
40
In this aspect we have seen the German Criminal Code in Para 3 of section 269, which refers to
Para 3 of section 267 of the German Criminal Code after mutatis mutandis; and Para 2 of Art
223.A of the Criminal Code of the Republic of Croatia No. 110 of October 21, 1997.
41
It is available at: http://www.senate.gov.ph/lisdata/111349486!.pdf. (22/09/2012).
42
See: Section 8 of Cybercrime Prevention Act 2012 of Republic of Philippines.
43
See: (i/1/B) of Art 4 of Cybercrime Prevention Act 2012 of Republic of Philippines.
44
See in this context: (i/1/B) of Art 4 of Cybercrime Prevention Act 2012 of Republic of
Philippines.
336
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
45
Please see: Art 4 of the Federal Law of UAE No. 2 of 2006 on the Prevention of Information
Technology Crimes.
46
Please see: Para 3 of section 269 of the German Criminal Code, which has been previously said.
47
This is the Penal Code of 1962, and its translation in the French language is available at:
http://www.wipo.int/wipolex/en/text.jsp?file_id=190447. (21/01/2013).
48
The Moroccan legislator has added the tenth chapter to the Penal Code, under tittle (Infringement
of the automatic process systems of data) by the law no 03.07 for (Tetmim) completion of the
penal code concerning the automatic process systems-related crimes issued by Dahir Shareef no
1.03.197 in (16/Ramadan/1424) 11/11/2003.
49
See: section (607-7) of Morocco Criminal Code.
50
It should be said here; one of the legislations, addressing the information forgery crime in the
field of electronic systems, communication networks and any other device, which do not refer to
the intentional nature of the forgery crime, is The Federal Law of UAE No (2) of 2006 on The
Prevention of Information Technology Crimes that came free of this element, in Art 4.
51
Mustafa Blassey, “Features of the Cybercrimes Law (3-5),” a series of analytic essays published
by Oman Daily, available at: http://omandaily.om/?p=194033. (13/04/2015).
52
Hussein Saeed Al-Ghafri, “Legal Views on Fighting the Information Technology Crimes,”
Oman Daily, Monday 07/05/2012, an analytical essay was published on the former website of
Oman Daily, available at: http://www.main.omandaily.om/node/94898. (22/10/2012).
53
Please see the jurisprudential dispute about the nature of the special criminal intent in the forgery
crime, which we have mentioned by Moshtaq Talib Wahaib, Dissertation, op. cit., p. 192.
54
Hussein Saeed Al-Ghafri, op. cit., (N. Pa).
55
The Arabic text of this Art provides:
) خمسة15.000.000( ) عشرة ماليين دينار وال تزيد على10.000.000( يعاقب بالسجن المؤقت وبغرامة ال تقل عن:(اوال
:عشر مليون دينار كل من ارتكب احد االفعال االتية
زور او قلد او اصطنع بنفسه او بواسطة غيره توقيعا او سندا او كتابة الكترونية او شهادة تصديق او الترخيص بمزاولة خدمات-أ
.التوقيع االلكتروني وما في حكمها او استعملها عمدا بشكل غير مشروع
زور او قلد او اصطنع بنفسه او باسطة غيره بأي شكل من االشكال بطاقة الكترونية او ذكية او أية وسيلة تستخدم في تحويل-ب
.النقود المحلية او االجنبية المتداولة داخل العراق او استخدامها او روج لها او تعامل بها وهو يعلم بعدم صحتها
او قبل الدفع ببطاقة الوفاء المقلدة او المزورة، استعمل او حاول استعمال البطاقة االلكترونية المقلدة او المزورة مع علمه بذلك-ج
.مع علمه بذلك
ً
اصطنع عمدا لنفسه او لغيره بيانات او وثائق او سجالت او قيود الكترونية غير حقيقة او احدث اي تغيير او تالعب او تحوير-د
. في اي سند الكتروني او استعمل ايا منها امام اية جهة عامة او خاصة
) عشرين مليون دينار والتزيد20.000.000( عشرة سنوات وبغرامة ال تقل عن10 تكون العقوبة السجن مدة ال تقل عن:ًثانيا
:) ثالثين مليون دينار اذا كانت احد االفعال المنصوص عليها في البند (اوال) من هذه المادة30.000.000( على
. تتلق بحقوق الدولة او القطاع العام او الجهات الخاصة ذات النفع العام-أ
.) ارتكب من موظف او مكلف بخدمة عامة اثناء تأدية وظيفته او بسببها-ب
56
For more details about the concept of criminal intention, please see: Moshtaq Talib Wahaib,
Dissertation, op. cit., p. 188.
57
For that reason, it can be said; what most of the said legislations have required in the special
criminal intent, it is just one of forms of the illegal intent’s concept.
337
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
58
On the discussion, which has taken place about the nature of the damage in the forgery crime,
please see Dr. Moshtaq Talib Wahaib Alnaimi, Comparative study, op. cit., p. 323.
59
See in this context: Art 4 of chapter 33 of the Criminal Code of Finland; and Para 4 of Art 3 of
the Portugal Cybercrime Law no 209/2009.
60
It is worth mentioning in this aspect, that we find Art (607/10) of Morocco Criminal Code which
punishes these acts if these materials (items) are exclusively prepared to be used for commission
of such crimes. Namely, it has limited the scope of criminalization to the exclusive preparation of
these items to commit the crime only.
61
In this aspect we find most of the previously mentioned legislations have stated these
supplementary punishments, for instance, see: Art 32 of the Cyber Crime Law of Oman; Art
(607/11) of the Moroccan Criminal Code.
62
The Arabic text of this Para provides:
رسالة تتضمن معلومات تنشأ او تدمج او تخزن او ترسل او تستقبل كليا ً او جزئيا ً بوسيلة الكترونية او:(المحرر االلكتروني
.)رقمية او ضوئية او بأية وسيلة مشابهة
63
The Arabic text of this Para provides:
البيانات والنصوص والصور واالشكال واالصوات والرموز وقواعد البيانات وبرامج الحاسوب وما شابه ذلك التي:(المعلومات
.)تنشأ او تخزن او تعالج او ترسل بالوسائل االلكترونية
64
Note about these criticisms, which have been mentioned by some of organizations such as
Human Rights Watch. Please see: http://www.hrw.org/ar/node/108738/section/2. (10/10/2013).
65
It is noteworthy; this Law draft has been not passed, because it has been stopped according to
request of the media and culture commission in the Iraqi Parliament no. 27/Lam Tha Aeen in
22/01/2013.
338
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
Bibliography:
339
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
، 2012 مايو07 / االثنين،" "رؤى قانونية حول مكافحة جرائم تقنية المعلومات،حسين سعيد الغافري
مقال تحليلي نشر على الموقع السابق لصحيفة ُعمان.
10. Lorenzo Picotti and Ivan Salvadori, “within the framework of the Project
on Cybercrime of the Council of Europe, Economic Crime Division and
Directorate General of Human Rights and Legal Affairs”, Strasbourg –
France, 28 August 2008, available at:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/document
s/reports-presentations/567%20study2-d-
version8%20_28%20august%2008.pdf. (19/02/2013)
340
2021 – العدد االول/ جامعة بغداد- كلية القانون/مجلة العلوم القانونية
14. Dr. Moshtaq Talib Wahaib Alnaimi, “Information Forgery as One of the
Information Crimes: Comparative Study”, Al-Halabi Legal Publications,
Lebanon, Beirut, 1st Edition, 2018 "تزوير المعلومات كأحد، مشتاق طالب وهيب النعيمي.د
.2018 ، الطبعة االولى، بيروت، لبنان، مشنورات الحلبي الحقوقية،" دراسة مقارنة:صور الجرائم المعلوماتية
" سلسلة مقاالت تحليلة نشرت.)5-3( "مالمح قانون مكافحة جرائم تقنية المعلومات،مصطفى بالسي
.)في صحفية ُعمان متاح على الموقع اعاله.
16. Rizgar Mohammed Kadir, “The Scope and the Nature of Computer
Crimes Statutes – A Critical Comparative Study”, Germany Law Journal: Vol.
11 No. 1, June 2010, available at: https://www.germanlawjournal.com/.
(10/01/2014)
دار النهضة العربية: القاهرة.واالمنية للجرائم الناشئة عن استخدام شبكة المعلومات الدولية – االنترنت
.)2007 ،
19. The Council of Europe Convention on Cybercrime ‘Budapest – 2001
21. The Criminal Code of the Republic of Croatia No. 110 of October 21,
1997
29. The UAE Guiding Law to fight information technology crimes and
related crimes
342
مجلة العلوم القانونية /كلية القانون -جامعة بغداد /العدد االول – 2021
32. Younis Arab, “Laws and Legislations Concerning the Internet in the
Arab Countries”, (Working paper submitted to the conference and exhibition
of the international and Arabic banking technologies, Union of Arab Banks,
)Jordan - Amman, held from 28-29/10/2002
يونس عرب " ،التعاقد والدفع االلكتروني تحديات النظامين الضريبي والكمركي ".ورقة عمل مقدمة الى ندوة
متخصصة حول التجارة االلكترونية – معهد التدريب واإلصالح القانوني ،الخرطوم ،كانون األول ، 2002
ص . )20 – 1
343