الحماية الجزائية للمستند الإلكتروني في التشريعات الأردنية والعراقية

الملخص EN

The study aimed at shedding light on the criminal responsibility of the electronic document and the related concepts.

The study relied on the problem of descriptive approach, which helps to describe multiple aspects of the electronic document, and then the analytical approach to study the legal texts contained in the Jordanian electronic crimes Law No.

27 of 2015 and the draft Iraqi crimes act of 2012, and then the comparative approach to study the legal system for the criminal protection of the electronic document in both the Jordanian and Iraqi criminal legislation compared to some laws Arab and Western, with the aim of reaching the desired results of the study objective.

We made a number of recommendations, the most important of which is that the Iraqi legislator should regulate adequate criminal protection of the electronic document by providing for the crimes that are committed to it and which are compatible with the intangible nature of such documents, such as electronic mail, e-fraud, by means of information technology, the crime of the illegal use of electronic payment tools in line with other penal legislation, including Jordanian law.

Jordanian and Iraqi legislators should also develop more specific procedures for investigating and prosecuting information crimes that differ from conventional crimes.