Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

The Criminal Agreement in Cybercrimes in Iraqi, Emirati, and Qatari Law

Inas Fadel Salim
Middle Technical University, Department of legal affairs, Iraq
Dr. Mohammed Redha Dhafri
Qom University, College of Law, Iran
Keywords: Criminal Participation, Cybersecurity, Cybercrime, Elements of Cybercrime, Penalties for Cybercrime..

Abstract

One of the most important evidences of the seriousness of the criminal activity is that it occurred based on a prior criminal agreement that indicates an advanced level of criminal preparedness and social danger, as the agreement of two or more people to carry out criminal behavior clearly indicates a type of organization, disregard for the security of society, and a violation of all laws and social customs, and that It has elements agreed upon by all jurists, even if their expressions differ. We can confirm that agreement in its essence is a psychological state, consisting of two or more wills, but it has a physical appearance that is derived from the means of expressing the will. We have adopted for this study an inductive approach to the texts and an analytical approach to jurisprudential opinions. It has been proven to us that the criminal agreement is distinguished from the agreement as a method of participation in several aspects, and that there are two types of criminal agreement, the general agreement and the special agreement. The member of the criminal agreement is exempted from punishment in the event that he takes the initiative to inform the authorities of the existence of an agreement to commit a crime and the participants in it, before it occurs. The research has reached the conclusion: Several findings and recommendations, the purpose of which is to overcome the errors or shortcomings of the Iraqi criminal legislation, and the question of our message is summed up: What is the criminal agreement in cybercrimes in Iraqi, Emirati, and Qatari law, and what is meant by the criminal agreement, given that this crime is committed by more than one person and in the event of multiple For the people who commit the crime, in this case, the agreement is different depending on the role they play, and this is the case in all countries that are the subject of our research.In our message here, there is a special agreement between people who commit such crimes, given that the desired goal is to know the policy of Iraqi, Emirati, and Qatari legislators in confronting information crimes, considering them to be among the new crimes in terms of criminalization on the basis of their seriousness and consequences, and to contribute to the role of The legislator must rush to legislate a legal model or amend existing ones in order to confront cybercrimes in a way that is consistent with the extent of their seriousness, as the Emirati and Qatari law preceded the Iraqi one in legislating this law. As for the importance of this message, it will stem from the study of cybercrime and also a statement of the position of comparative legislation and Iraqi legislation on it. And arriving at a set of results and recommendations. The importance of our study lies in shedding light on the law on combating cybercrime in Iraqi, Emirati, and Qatari law, as well as the texts contained therein related to the crime of illegal entry, considering it a relatively modern law compared to the rest of the Arab legislation. Also, the importance of this study lies in stating its seriousness. The crime of illegal entry into the information system or the terrorist crime with regard to cybercrimes and the serious dangers that may lead to them. Also, this study aims to explain the pillars and elements of the terrorist cybercrime that the Iraqi, Emirati and Qatari legislators adopted in punishing this crime in order to combat it and reduce the serious risks resulting from it. As for the approach followed in our study, we relied in our study on the comparative analytical approach between Iraq, the Emirates, and Qatar. The subject of this research is the repercussions of the criminal agreement in cybercrime on international relations by examining the concept of the criminal agreement in cybercrime and the extent of its impact on international security and the international relations that A group of technological transformations contributed to its development, as anyone who personally commits an act of its physical implementation is considered a contributor to the crime. Any original actor is considered a contributor, whether his cooperation with the criminal or other criminals was through agreement or they were brought together by chance and assumed their intention towards one goal, as in the case of theft. Someone's house.

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Keywords

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