Substantive and procedural problems related to cybercrime in the United Arab Emirates

• Auteur principal: Alsereidi, Rashed Ahmed Ghareib Huwashel
• Format: Thèse
• Langue: anglais; anglais
• Publié: 2024
• Sujets: K Law (General)
• Accès en ligne: https://etd.uum.edu.my/11080/1/Depositpermission_s826728.pdf; https://etd.uum.edu.my/11080/2/s826728_01.pdf

The study discussed a critical topic that poses a threat to society in all aspects of social, economic, political, and even religious affairs. This topic talked about cybercrime and the substantive and procedural problems related to this type of crime in the United Arab Emirates. This study was discussed by explaining the basic research points represented in explaining the nature of cybercrime and identifying the procedural and scientific problems that emanate from cybercrime, which aim to know how to prove electronic crime as well as the procedures for research, investigation, and tracking, as well as the problems associated with defining the "competent law and applicable to those crimes, which aim Knowledge of the substantive and procedural rules of cybercrime. The study talked about the types of crimes, their elements, scope, and legal nature. The study analyzed the articles of Decree No. (5) of 2012 amended by Federal Law No. (12) of 2016 related to combating information technology crimes to find out the extent of success or failure of the UAE legislator in organizing and dealing with cybercrime. In the end, the study discussed practical and legislative solutions to combat cybercrime and overcome the problems resulting from this type of crime, in addition to the regional, international, and national role in confronting and combating cybercrime. The researcher also showed the most essential practical solutions regarding confronting this crime with regard to some of the procedures required to combat cybercrime, as well as in relation to controlling and inspecting the methods used in the implementation of crimes. The study adopted the analytical and comparative qualitative approach. The study concluded with many results and recommendations, the most important of which is the seriousness of cybercrime and the diversity of their forms, in addition to the fact that the UAE legislator organized cybercrime within the Law of Combating Technical Crimes Union Law No. 5 of 2012 and its amendments to Federal Law No. 12 of 2016, regarding types of cybercrime on the basis of crimes committed by the system, and crimes against the system itself. In addition, the study recommended that the UAE legislator add a text clarifying the penalty prescribed for cybercrime, and considered a crime against state security. Furthermore, the study suggested adding text on the permissibility of inspecting the intangible components of the computer and establishing legal controls for them.