جريمة الاختراق الواقعة على البيانات و المواقع الحكومية : دراسة مقارنة على التشريعات الأردنية و الفلسطينية

Abstract EN

The crime of penetration is a danger to both government and management.

Both Jordanian and Palestinian lawmakers have criminalized such illegal acts by passing the Jordanian Electronic Crimes Law and the Law No.

10 of 2018 on Palestinian Electronic Crimes, The legislation mentioned in both Jordan and Palestine in the punishment of criminals who carry out penetrations in the event of these acts occurred on the sites and government data.

The researcher followed the analytical descriptive method through analyzing the texts of modern electronic legislations in Jordan and Palestine, where this study divided into two requirements: the first is the definition of the crime of penetration on the government data; the second requirement: the pillars of the crime of penetration on the government data.

One of the most important findings of the researcher is that the Jordanian legislator did not explicitly mention the term of penetration, but rather talked about the illegal entry into the data and the sites without specifying the nature of the data and the sites.

Is it a personal or a governmental figure, but the Palestinian legislator has identified the crime of penetration, The Jordanian legislator limited the strict conditions only on the issue of national security or the external relations of the Queen or the public safety or the national economy.

He preferred to talk about the sites and the data.

In general, as did the Palestinian legislature.

The main recommendations of the researcher are to determine the type of data websites in Article 3 of the Jordanian Electronic Crimes Law, so that the distinction between personal data and sites and government sites, and aggravate punishment in the offense of penetration in the case of deletion or modification if serious damage to government sites , As well as the amendment of the legal text contained in the Palestinian Cybercrime Law, so that the deletion, copying or modification of the data from intentional acts, that is, the need for special criminal intent in this crime.