الحماية الجنائية الموضوعية للتحول الرقمي

Abstract EN

Digital transformation imposes a new reality that creates many opportunities for reviewing and developing laws.

E-government will not be feasible without a legal environment that supports its work, so that e-transactions, of a legal nature, become protected by legislative texts against all means of unlawful aggression.

This research has dealt with the objective protection, in terms of criminalization and punishment, against unlawful acts by all modern technical means, so that information crimes are described and their nature is not limited to the effects of digital transformation on different spheres of life, but has also led to a major shift on the legislative side of States, to advance criminal policy, to develop the rules of criminal law.

In this research, we tried to study the basis of this development in French, Egyptian and Libyan law in the face of this technical transformation of state institutions, so that we can see an effective interaction between the digital environment and the legislative environment that contributes to change and development, with effective criminal protection.

The research concluded with a number of recommendations, including: the need to regulate the laws of public and private service providers, to protect data systems, to increase penalties for breaches of data, and to stress the need to criminalize the illegal entry of public and private entities not legally authorized by such data and technical systems, in order to prevent the abuse of power, and to do so with judicial authorization.