المساهمة الجنائية في الجريمة الالكترونية: دراسة تحليلية في ضوء التشريع الفلسطيني
| dc.contributor.author | غنى احمد حسين سخل | |
| dc.date.accessioned | 2025-06-23T06:45:12Z | |
| dc.date.available | 2025-06-23T06:45:12Z | |
| dc.date.issued | 2025-02-11 | |
| dc.description.abstract | Cybercrimes constitute one of the most serious threats to the security and stability of societies, particularly in light of rapid technological advancements and the widespread use and diversity of social media platforms. This study aimed to analyze the legal provisions of Decree-Law No. (10) of 2018 and its amendments concerning cybercrimes and information and communications technology, focusing on regulating criminal participation in cybercrimes. The study also conducted a comparative analysis with the provisions of the applicable Jordanian Penal Code No. (16) of 1960 in force in the West Bank. The researcher adopted the descriptive-analytical methodology by reviewing and analyzing the legal texts about criminal participation in cybercrimes. The study relied on existing legislation in force in Palestine as well as prior studies to understand the application and effectiveness of these legal texts. Previous studies were also utilized to examine the nature, forms, and essential elements of criminal participation in cybercrime. The study concluded that Decree-Law No. (10) of 2018 and its amendments distinguish between perpetrators in cybercrimes according to their roles. However, it imposes equal penalties on all participants, thereby undermining the principle of individualized sentencing and proportionality between the offence and the penalty, contrary to the provisions of the applicable Penal Code in the West Bank. The study also highlighted the difficulty of adapting traditional rules of criminal participation to the unique nature of cybercrimes, the absence of legal regulation for certain forms of involvement, and the reliance on general legal provisions without due consideration for the specificities of the digital environment. Furthermore, the study emphasized the complexity and multiplicity of the roles of contributors in cybercrimes, which necessitates an expansion of criminal liability to include indirect actors such as software developers and content hosts. The study presented several recommendations, most notably the necessity of drafting a proposed amendment to Decree-Law No. (10) of 2018 to incorporate detailed provisions clearly defining the various forms of criminal participation in cybercrimes and the constituent elements of each. It also recommended the inclusion of an independent article that defines the concept of criminal participation in the cyber context and outlines its pillars and digital tools in line with comparative legislation. Additionally, the study called for codifying the principle of individualized sentencing, thereby empowering the judiciary to impose penalties commensurate with each party’s degree of participation, as opposed to the current blanket equal treatment of all perpetrators. Keywords: Criminal contribution, cybercrime, Decree-Law No. (10) of 2018, principal offender, accomplice, instigator, accessory | |
| dc.identifier.uri | https://hdl.handle.net/20.500.11888/20132 | |
| dc.language.iso | ar | |
| dc.publisher | جامعة النجاح الوطنية | |
| dc.supervisor | د.محمد ابو الرب | |
| dc.title | المساهمة الجنائية في الجريمة الالكترونية: دراسة تحليلية في ضوء التشريع الفلسطيني | |
| dc.title.alternative | The Criminal Contribution to Cybercrime: An Analytical Study in Light of Palestinian Legislation |