التحقيق في الجرائم المعلوماتية "دراسة تحليلية مقارنة بين القانون الإماراتي والمصري"
The study aimed to assess the effectiveness of the procedural criminal system governing the process of criminal investigation and its methods in the field of cybercrime between UAE and Egypt's laws. It also aimed to clarify the legal procedures for investigating these crimes. The problem add...
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| Summary: | The study aimed to assess the effectiveness of the procedural criminal system governing
the process of criminal investigation and its methods in the field of cybercrime between
UAE and Egypt's laws. It also aimed to clarify the legal procedures for investigating
these crimes. The problem addressed in this study was the emergence of legal and
technical challenges in investigating cybercrimes and the extent to which the provisions
and rules of the criminal procedural law can be applied to them. Considering that
cybercrimes are newly emerging crimes without a specific procedural system for
investigation, the study also aimed to highlight the new legal problems arising from the
emergence of information technology and its various applications in the field of
criminal law. The study followed an analytical and comparative approach between the
Federal Criminal Procedures Law of the UAE, issued as Law No. (35) of 1992, with its
latest amendments, and the Egyptian Criminal Procedures Law, Law No. 150 of 1950,
with its latest amendments. The study concluded that there is a significant similarity
between the investigation of cybercrimes and other crimes, as they all require similar
general procedures such as inspection, search, surveillance, investigations, and
interrogations, in addition to evidence collection and analysis. However, cybercrimes
differ from other crimes, and the investigation into the appropriate legal system for their
nature primarily aims to determine the legal provisions that should be applied to them,
as well as the legal system of responsibility that should be applied to the responsible
individuals. The study also highlighted various forms and applications that demonstrate
the use of technology in crime prevention, including the use of computers, biometric
technologies, digital fingerprints, remote sensing technology, and information
surveillance systems. It emphasized the existence of flaws in society's crime protection
tools, notably the Criminal Procedures Law, which does not keep pace with many
emerging and evolving crimes. The study recommended the necessity of enacting a
specific law to combat cybercrimes, expanding the scope of mandatory reporting in
cybercrimes, regulating inspection, search, and remote control over the internet, and
developing forensic evidence methods in line with scientific facts. It stressed the need
for both objective and procedural criminal laws to keep up with the phenomenon of
cybercrime due to the clear legislative gaps in providing criminal protection for
information privacy. It also proposed the establishment of specialized units within the
organizational structure of criminal investigations to deal with cybercrimes, equipped
with laboratories and facilities at the highest levels. |
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