الجرائم الذكية : بين النص القانوني و العمل القضائي

الملخص EN

There is no doubt that our contemporary world is living its brightest period for the valuable services provided by the information revolution to humanity reflected in all aspects of human activity and international relations in all fields.

Intelligent technology has become significantly important for information exchange and communication between people, contributing effectively to transforming the world to a small village.

Such transformation was achieved thanks artificial intelligence offered by modern technologies, varying from landline to mobile phone, to Internet and other communication means connecting people in different continents and countries within few seconds, facilitating social, cultural and economic relations, as well as building confidence in the exchange of informational data between persons and states according to common interests.

However, this bright side of technological evolution and the spread of information technology and Internet has another side characterized by selfishness, darkness, and illegal attack of moral and material interests and values, through exploitation of successive evolution of information, where many rogue behaviors and cybercrimes appeared.

Crime is, by nature, a production of society and its manifestations, reflecting circumstances and causes spread by societies, and since cybercrimes are a recent phenomenon associated with computer technology, they gave rise to some substantial differences between law commentators in general and criminal law in particular, about establishing a specific term to denote the modern criminal phenomenon, some calls it electronic fraud, others electronic or computer crimes, as well as high technology or automated data processing crimes, information crimes or modern technology crimes.

At the beginning of the emergence of this type of crime, the Tenth United Nations Conference adopted a comprehensive definition of cybercrime, defining it "as a crime that may be committed through a computer system or a computer network, or within a computer system, and that crime includes in principle all crimes that can be committed In an electronic environment”, however, such definition, although palatable and comprehensive at the time, it applies to the current situation with a relative effect considering that the current cybercrimes are not only replaced by computer system, but rather a variety of dangerous smart devices such as mobile phones and tablets have appeared, that should be included in the previous definition.

Accordingly, the definition of cybercrime can be drawn as the crime that makes the virtual world a fertile ground for carrying out electronic attacks, taking advantage of all programs and loopholes that the digital system operates on, to obtain electronic data and data used for criminal purposes.

There is no doubt that the spread of these cybercrimes leads to a loss of public confidence in dealing with electronic media; Due the risks and threats caused by such use, including compromising private life and harming automated processing systems by fraud, as to commit crimes with smart technology, which affects the destabilization of people’s confidence in electronic operations, as well as due to its consequences that threaten the economy and information security of all partners, thus all countries enacted injunctive provisions aimed at protecting all data and information used in the electronic field, and thus creating an appropriate criminal policy for the evolution of intelligent criminal behavior in all its manifestations, such as cybercrimes related to manipulation of data and personal data of individuals, and electronic crimes directed against the state and its institutions, then electronic extortion crimes, fraud and assault on funds in an informational way.

The Moroccan legislator was aware about the seriousness of cybercrimes, and forerun to issue the law regulating communications sector on August 7th, 1997, as cybercrimes related to the information field in recent years, which prompted the legislator to enact various texts to protect public confidence in smart technologies, as it sought to Creating a legal environment suitable for the astonishing evolution of this field, and instilling confidence in the field of electronic transactions, as it took the initiative to issue Law No.

05-53 related to the electronic exchange of legal datawhere it laid down the basic building block for electronic exchange, the equivalence of paper-based and electronic documents, data encryption, how to conclude electronic contracts as well as electronic signature, besides Law No.

07-03 supplementing Criminal law with regard to the disruption of automated data processing systems, and Law No.

09-08 on the Protection of Individuals with regard to processing personnel data; in order to strengthen the Moroccan consumer confidence in electronic operations and benefit from e-commerce.

In parallel, supervisory boards and councils were created to protect public confidence in the information field and data exchange, such as the National Council for Information Technologies and Digital Economy, and the Moroccan Center for Warning and Management of Information Incidents.