الأحكام الموضوعية للتحريض الإلكتروني على الإرهاب : في القانون الإماراتي - دراسة مقارنة بالقانون المصري

الملخص EN

The study explained that one person might commit a terrorist offense, or in association with another, in the form of accessory criminal contribution provided for exclusively by law in accordance with the text of the article (40) Egyptian and article (46) federal, and it is (incitement, agreement, assistance), and because of the impact of electronic incitement on terrorist offenses, and the instigator’s propagation of the criminal idea in perpetrator’s mind and the intention to commit it, the Egyptian and Emirati legislators have included special provisions in the Egyptian and Emirati terrorist offenses combat laws for the crime of electronic incitement to commit terrorist offenses and have considered them as a separate offense, not a means of participation as the role of the instigator is major, not minor.

The study aimed to clarify the distinction between incitement in ordinary criminal offenses and electronic incitement in committing terrorist offenses.

The study concluded that there was an agreement between the Egyptian and UAE legislations regarding criminalization scope and whether incitement has been done in traditional or technological ways.

However, they disagreed with each other on the punishment amount, as in Egyptian law, the legislator prescribed the instigator penalty for the terrorist offense to the same extent as the total offense.

In contrast, in UAE legislation, the legislator prescribes the penalty for initiating the instigator, even if the incitement does not have an effect.

The study is based on the prescriptive approach of legal texts with a critical view and reached several conclusions and recommendations outlined in the study.