Author(s): Naeem Maher Lafta Al-Faraji

Abstract: Cybercrime is one of the outcomes of scientific advancement, and as a result of this development, the use of computers and other electronic devices in certain modern crimes has emerged, referred to as cybercrimes or information crimes. These crimes may affect individuals personally, their properties, or the data stored on electronic devices. This study explores the nature and motivations of these crimes. Like any crime under the law, cybercrimes must be proven, and this was discussed in relation to digital evidence and its admissibility in proving these crimes. The first section of the study discusses the nature of cybercrime and its evolution, while the second section covers the legal framework for cybercrime. The third section focuses on the impact of electronic systems on investigations and proving cybercrime. The study concludes that understanding the characteristics of cybercrimes helps in finding solutions to combat them and reduce their spread, given their unique nature, whether through the specific nature of the parties involved or the subject matter. The issue of proof presents challenges when confronting cybercrimes that involve electronic operations through electronic means. It was found that there is no comprehensive definition of cybercrime, and therefore, it is defined based on its personal and subject matter scope. Both international and local efforts remain insufficient in limiting and preventing cybercrimes. Physical evidence plays a key role in identifying the crime and the perpetrator. The study recommends modifying criminal procedural rules to align with these types of crimes, the necessity of international and judicial cooperation in combating cybercrimes, and the activation of legal texts to combat these crimes.

DOI: 10.22271/27899497.2025.v5.i1a.113

Pages: 15-21 | Views: 304 | Downloads: 191

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