جريمة الدخول غير المصرح به الواقعة على الشبكات الإلكترونية الحكومية : دراسة مقارنة على التشريعات الأردنية و الفلسطينية

Abstract EN

Governmental electronic networks have included many sites, services and government transactions, and therefore they were the scene of the crime of unauthorized entry, and here the problem of the study arises in determining what is the crime of unauthorized entry on government electronic networks, as there is a legal and jurisprudential debate about the definition of government electronic networks, being the subject of the crime of unauthorized entry, the researcher has followed the comparative approach in addition to the descriptive analytical approach through analyzing the texts of modern electronic legislation in both Jordan and Palestine, where he divided this study into two requirements, the first entitled striptease the crime of unauthorized entry occurs on government electronic networks, and the second requirement: the elements of the crime of unauthorized entry occurred on government electronic networks.

among the most important results that the researcher reached is that the Jordanian legislator talked about the illegal entry into the electronic networks without specifying the nature of these electronic networks, whether personal or governmental, with reference except that the palestinian legislator has specified the crime of unauthorized entry, so that these personal electronic networks include or government, where the palestinian legislator dealt with a clear and explicit definition of the crime of unauthorized entry, as the Jordanian legislator limited the aggravating circumstances only in the matter of national security, external relations of the kingdom, public safety or the national economy, and he would have preferred to talk about electronic networks governmental organizations, as did the palestinian legislator.

as for the most important recommendations that the researcher reached, it is to define the electronic networks in the third article of the Jordanian electronic crime law, so that the distinction is made between personal networks and government networks, and to increase the punishment for the crime of unauthorized entry in the event of deletion or amendment if serious damage arose on government networks.