عنوان المقالة:الشرعية الجنائية و تأثيرها على الجرائم السيبرانية في القانون اليمني CRIMINAL LEGALITY AFFECTING CYBERCRIMES IN YEMEN
عمار عبدالله سعيد محمد | Ammar Abdullah Saeed Mohammed | 3117
Publication Type
Journal
Arabic Authors
Nazli Ismail Nawang , Ammar Abdullah Saeed Mohammed , Hussin Mohamad Ab. Rahman
English Authors
Nazli Ismail Nawang , Ammar Abdullah Saeed Mohammed , Hussin Mohamad Ab. Rahman
Abstract
Criminal legality is a principle that promotes justice and stability. In Yemen, a judge cannot expand the interpretation of any existing laws to criminalise new actions that are not provided by the legislature as it is expressly prohibited by the Yemeni Constitution 1990 as well as the Yemeni Penal Code 1994. Unfortunately, cybercrime is one of the new offences that are not specifically regulated by Yemeni laws. Since cybercrime is one of the greatest threats facing international community, this paper attempts to examine the criminal legality affecting cybercrime in Yemen. This study is a purely doctrinal legal research and data are collected from both primary and secondary sources like statutes, books, scholarly articles, legal doctrines and many others. To sum up, though the existing laws generally cover traditional offences that are committed on the Internet such as online pornography and online defamation, serious issues arise with regard to new offences that can only be committed in the cyber world such as hacking and spamming as they are nowhere provided in the Yemeni legal framework.
Abstract
Criminal legality is a principle that promotes justice and stability. In Yemen, a judge cannot expand the interpretation of any existing laws to criminalise new actions that are not provided by the legislature as it is expressly prohibited by the Yemeni Constitution 1990 as well as the Yemeni Penal Code 1994. Unfortunately, cybercrime is one of the new offences that are not specifically regulated by Yemeni laws. Since cybercrime is one of the greatest threats facing international community, this paper attempts to examine the criminal legality affecting cybercrime in Yemen. This study is a purely doctrinal legal research and data are collected from both primary and secondary sources like statutes, books, scholarly articles, legal doctrines and many others. To sum up, though the existing laws generally cover traditional offences that are committed on the Internet such as online pornography and online defamation, serious issues arise with regard to new offences that can only be committed in the cyber world such as hacking and spamming as they are nowhere provided in the Yemeni legal framework.
Publication Date
8/19/2018
Publisher
Herald NAMSCA
Volume No
1
Issue No
1
ISSN/ISBN
2409–0506
Pages
4
File Link
تحميل (168 مرات التحميل)
External Link
http://heraldnamsca.in.ua/index.php/hnamsca/index
Keywords
Criminal legality, Cybercrime, Legal Framework, Yemen.
رجوع