CYBERCRIME FOLLOW-UP PROCEDURES - A COMPARATIVE STUDY OF ALGERIAN AND QATARI LEGISLATION.
Main Article Content
Abstract
This research paper aims to examine the issue of cybercrimes as a newly emerging legal issue, coinciding with the widespread adoption of the technological revolution. This revolution has had a significant impact on various aspects of economic, social and administrative life. In this article, we try to highlight the interest of the Algerian and Qatari legislatures in regulating and combating cybercrimes, considering them as newly emerging crimes resulting from the misuse of information technology.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
- Zibida Zidan, "Cybercrime in Algerian and International Legislation", 1st edition, Dar Al-Huda, Algeria, 2011, p. 05.
- Mohamed Mohamed Al-Alfi, "Criminal Liability for Ethical Crimes on the Internet", 1st edition, Al-Maktab Al-Masri Al-Hadith, 2005, p. 68.
- Munir Mohamed Al-Junihi, Mamdouh Al-Junihi, "Internet Crimes and Computer and the Means to Combat Them", 1st edition, Dar Al-Fikr Al-Jami'i, Egypt, 2006, p. 13.
- Nawal Thabet, "Cybercrime in Algerian Legislation: Nature, Subject, Characteristics, Manifestations and Challenges", Cesiologia Journal, Vol. 06, Issue 02, University of El-Hadj Lakhdar, Batna, Algeria, 2022, p. 63.
- Samia Aziz, Mazia Issawi, "Crime from a Sociological Perspective: Causes, Effects", Studies in Deviance Psychology Journal, Vol. 6, Issue 1, 2021, p. 128.
- Huda Qashoush, "Computer Crimes in Comparative Legislation", 1st edition, Dar Al-Nahda Al-Arabiya, Egypt, 1992, p. 180.
- Hisham Mohamed Farid Rostom, "Penalties and Risks of Information Crimes", 1st edition, Dar Al-Nahda Al-Arabiya, Egypt, 2000, p. 20.
- Law 09/04, "Law on Special Provisions for Preventing and Combating Crimes Related to Information and Communication Technology", Official Gazette No. 47, 16 August 2009.
- Law 21/11, dated 16 Muharram 1443, corresponding to 25 August 2021, supplements Decree 66/155, dated 18 Safar 1386, corresponding to 8 June 1966, which incorporates the Algerian Code of Criminal Procedure.
- See Article 2 of Law 09/04.
- Amina Ben Amiz, Ilham Bouhalas, "The National Judicial Pole for Combating Crimes Related to Information and Communication Technology", research paper presented at the International Conference on Criminal Law for Business, Towards a New Approach to Criminalisation, held on 21 October 2002, Volume 7, Issue 1, pp. 71.
- Cf. Article 01 of Kuwait Law No. 63 of 2016 on Combating Information Technology Crimes.
- Hamda Mohamed Al-Shuraim, "Electronic Crimes and the Position of Islamic Sharia Law on Them: The Qatari Legal Case", Journal of Islamic Studies and Thought for Specialized Research, Volume 5, Issue 1, 2019, p. 106.
- Ahsan Bousgaia, "Concise General Criminal Law", 1st edition, National Office of Touristic Works, 2002, p. 24.
- Rasa' Fatiha, "Criminal Protection of Information on the Internet", Master's Thesis in Legal Sciences, Tlemcen, 2011, 2012, p. 69.
- Souber Sufian, "Information Crimes", Master's thesis in Criminal Sciences and Criminology, Tlemcen, 2010, 2011, p. 33.
- See Decree 05/03 of 19 Jumada al-Awwal 1424, corresponding to 19 July 2003, on Copyright and Related Rights, Official Gazette No. 44.
- Souber Sufian, ibid, p. 37.
- See Article 61 and subsequent articles of the Algerian Penal Code.
- See Article 394 bis and subsequent articles of the Algerian Penal Code.
- Brahami Jamel, "Fighting Cybercrime in Algerian Legislation", Critique Journal of Law and Political Science at the Faculty of Law and Political Science, University of Mouloud Mammeri, Tizi Ouzou, issue 2, published on 15 November 2016, p. 125.
- Hamza Ben Aqoun, "Criminal Behaviour of the Cybercriminal", Master's Thesis in Legal Sciences, University of El-Hadj Lakhdar, Batna, 2011, 2012, p. 54.
- See Article 394 bis 2 of the Algerian Penal Code.
- Dardour Nassim, "Information Crimes in Light of Algerian and Comparative Law", Master's thesis, University of Constantine, 2012, 2013, p. 45.
- See Articles 12 and 13 of Qatar Law No. 14 of 2014 on Combating Electronic Crimes.
- Souber Sufian, ibid, p. 41.
- Rasa' Fatiha, ibid, p. 73.
- Maashi Samira, "The Nature of Information Crime", Al-Muntada Al-Qanuni Journal, Issue 7, University of Khider, Biskra, Algeria, 2018, p. 280.
- Hajazi Abdel Fattah, "Computer and Internet Crimes", 1st edition, Dar Al-Kotob Al-Qanuniya, Egypt, 2004, p. 113.
- Amal Kara, "Criminal Protection of Information Technology in Algerian Legislation", 2nd edition, Dar Homa for Printing, Publishing and Distribution, Algeria, 2007, p. 33.
- Mokhlal Ibrahim Zghibi, "The Effectiveness of Arab Laws and Legislation in Combating Cybercrimes: A Comparative Study", Arab Journal of Scientific Publishing, No. 37, 2021, p. 282.
- Amal Kara, ibid, p. 54.
- Fadila Aqil, "Cybercrime and Its Confrontation through Algerian Legislation," Fourteenth International Conference on Cybercrimes, 24-25 March 2017, p. 127.
- Hussein Nuwara, "Mechanisms for Regulating the Algerian Legislative Crime of Assault on Privacy Electronically," National Meeting, Strategies for Combating Crimes in Algerian Legislation, Algeria, 29 March 2017, pp. 121-122.
- Law No. 06/22 of 20 December 2006 amending and supplementing Decree No. 66/155 containing the Algerian Code of Criminal Procedure, Official Gazette No. 84 of 24 December 2006, as amended and supplemented.
- See Article 394 bis of the Algerian Penal Code.
- See Article 37 of the Algerian Code of Criminal Procedure.
- See Article 65 bis 6 of the Algerian Code of Criminal Procedure.
- Mokhtaria Bouzidi, "The Nature of Cybercrime", National Meeting, Mechanisms for Combating Electronic Crimes in Algerian Legislation, Algiers, 29 March 2011, p. 9.
- See Article 151, paragraphs 3 and 4, and Article 155 of Decree 03/05.
- See Article 158 of Law 03/05.
- Mokhtaria Bouzidi, ibid, p. 14.
- See Article 4 of Law 09/04.
- See Article 5 of Law 09/04.
- Najia Sheikh, "On Combating Cybercrime in Algerian Legislation", Journal of Legal and Political Sciences, Vol. 09, No. 02, June 2018, p. 697.
- Hamida Mohammed Al-Sharim, ibid, p. 114.
- Ashraf Tawfiq Shams al-Din, "Explanation of the Qatari Penal Code", Qatar University, 2010, p. 184.
- Ashraf Tawfiq Shams al-Din, ibid, p. 184.
- See Article 407 of Law No. 23 of 2004 on the Code of Criminal Procedure.
- Hamad Mohammed Al-Sharim, ibid, p. 15.
- See Decision No. 72 of 2018, Public Prosecution website www.fh.gov.qa: http
- Abdul Rahman Abdullah, Lectures within the Cybercrime Course, Introduction to Master's Students, General Law, Qatar University, 2019, p. 24.
- See Article 03 of Emiri Decree No. 19 of 2016.
- See Article 03 Article 18 of Emiri Decree No. 01 of 2021