الاختلاس الإلكتروني للمال العام في التشريع الإماراتي دراسة تحليلية
In view of the acceleration of countries in developing electronic systems and achieving a positive impact in facilitating the burden on societies regarding government services and others, they are however naturally not free from the problem of misuse, such as committing various crimes. This inclu...
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| Summary: | In view of the acceleration of countries in developing electronic systems and
achieving a positive impact in facilitating the burden on societies regarding
government services and others, they are however naturally not free from the problem
of misuse, such as committing various crimes. This includes the crime of Peculation
of public funds through electronic means. The problem of the study lies in the fact
that the Law on Countering Rumors and Cybercrimes and its amendments did not
establish the crime of Peculation of public funds through electronic tools and systems,
and the relevant provisions such as the crime of forgery, explicitly. The study aims to
identify the crime of electronic Peculation of public funds and the position of the
UAE Legislation in countering and limiting its spread. It also aims to clarify the
penalties and penal provisions established by the UAE Legislator and their
proportionality, and to elucidate the judge's authority in assessing the penalty that was
not established in the law. The researcher applies two methods to clarify this: the
inductive and analytical methods to texts, opinions, judicial judgments, and related
issues. The importance of this research is to consider the gaps and loopholes found in
the law provisions related to countering the crime of electronic Peculation. This is to
avoid exploitation by the criminals in evading the laws and regulations established by
the UAE Legislator in particular, as well as resisting and countering the crime of
electronic Peculation of public funds. One of the most important findings is that the
scholars are not in agreement on the concept of Peculation, whether in law or Sharia.
However, contemporary legal scholars have distinguished themselves in stating the
basic elements of the crime of Peculation. The study establishes several
recommendations, including detailed descriptions of crime of electronic Peculation of
public funds through electronic tools and systems that are still ambiguous, as well the
stipulation provisions in the Law on Countering Rumors and Cybercrimes which are
similar to the crime of forgery and fraud. In analyzing the crime of electronic
Peculation of public funds, the related provisions, and issues, and also the position of
the UAE Legislator in countering crime through the procedures and measures that
were taken, it is concluded that amendments are required by stipulating the
punishment explicitly for everyone who commits such crimes. This is to ensure that
there is no possible way to evade the justice and tampering with the public funds. |
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