المصلحة المعتبرة في تشريع قانون الجريمة المعلوماتية : دراسة تحليلية مقارنة

الملخص EN

One of the fruits of the rapid development in the wheel of life is the emergence of the electronic calculator and its role in shortening time and its ability to communicate widely through the Internet, and the parameters of behavior began to change from the real world to the virtual world, but the positive development was accompanied by a development in methods of crime and the emergence of a new type of crimes targeting Undermining new interests worthy of protection or existing, but they have changed due to the use of the calculator, so there are voices calling for the need for legislation to keep pace with this new type of crime.

Crimes that precede in form and substance over these rules Therefore, the primary interest appeared in the existence of a law that addresses the provisions of information crime in terms of subject matter and procedure, and this interest resulted in other interests related to the proportionality between interests within the scope of the texts of the law, and for more detail we divided this research into three sections.

The first in which we discussed the concept of interest and the second we allocated For the interest within the scope of the substantive rules and the third we singled out for the interest within the scope of the procedural rules and we ended up with a set of results and recommendations, including that the Iraqi Penal Code, when it was issued, preceded the emergence of information crime and the legislator did not consider the applicability of those rules to information crime, so we call on the legislator to expedite the enactment of the law, The freedom of the judge to adopt the informational evidence in proving the information crime faces the legitimacy of the procedure on the one hand and its infringement of rights and freedoms on the other hand, and there is no escaping that without regulating those interests in effective legal texts.