البعد الفلسفي للمشرع الجنائي المعاصر في ظل العولمة

الملخص EN

From the time of arising globalization, it has affected the entire world, especially the criminal field.

This is an issue which cannot be overlooked by the criminal legislator in regulating new types of crimes that cross borders and in the framework of legislator’s view for the value of the means used to commit the crime.

Therefore, this problem has become a global concern with the emergence of this new type of new and emerging crimes in the world.

The philosophy of the criminal legislator is towards taking all the necessary proceedings to face this type of crimes, such as informatics crimes (cybercrimes), money laundry, crimes of terrorism and trafficking in human organs…etc.

These crimes are committed inside and outside the country with new ways, investigation in such crimes become very difficult due to non-presence of the criminal in the place of committing crime and there are no traces and tools of committing the crime, because it is committed from a distance by using modern devices and technologies.

To combat this type of crimes international efforts must be intensified through international conventions and treaties in order to face new type of crimes according to a special mechanism to avoid conflict of international jurisdiction in the combat against new crimes and activate the principle of dual criminality in the issue of extradition of criminals whatever their nationality, or the place of committing the crime.