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جريمة إتلاف البيانات الالكترونية
Keywords: Internet Information destruction, New crimes, Punishment, Computer.
PROCEEDINGS OF 8th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law / Tishk International University
Date:1-2. February 2024
Venue: Kurdistan Region- Erbil
ISBN: 979-8-9890269-1-3
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Dr. Zainab Mahmoud Hussein Zangana Asst. Prof. Dr. Husein Mohammed Taha Balisani
University of Kirkuk Law department, Faculty of Law,
College of Law and Political Sciences Tishk International University, Erbil- Iraq
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Abstract
Today, the world is going through an information technology revolution, and there is hardly an institution that does not rely on this technology, even at the individual level. Due to the importance of this field and its enormous spread, the risk of information destruction has become a real threat to the entity and institutions of the state, as well as its administrative and security systems, which has led to many problems with information systems, which are currently the backbone of administrative management in all countries, as all sectors have become subject to electronic systems and data, and any damage caused by the crime of destroying data, which necessitated addressing this crime by enacting laws in line with the nature of the shop that The crime focuses on him in order to push for legal and practical problems, because sabotage operations have affected the virtual world,
There are individuals who attempt to destroy information network sites, and there are various acts that fall within the circle of destruction, and regardless of the cause for these acts, it is an electronic crime punishable by the Cybercrime Law, so what is meant by the crime of damaging a website as one of the new crimes arising from the spread of the use of electronic technologies? And what are its methods? Are the provisions of the Penal Code relating to the destruction of funds sufficient to protect information systems and the need for special legal provisions to address this issue? What is the punishment for this crime under the Cybercrime Law and as stated in Iraqi legislation?
The crime of information destruction is one of the new crimes that fall within the scope of information by attacking the natural functions of the computer, by infringing on programs and data stored and exchanged between the computer and the internal (local) or global network (Internet). The crimes of information destruction are considered intentional crimes that are achieved with the availability of criminal intent, and in view of the seriousness of this crime and its specificity, many foreign and Arab legislation, led by the Iraqi legislator, have tended to criminalize it and provide substantive criminal protection for it in special texts.
The reason for selecting this new topic is that, in our thoughts, it did not benefit from research, and our goal is to enrich, clarify, and provide points that enable the researcher to study and understand the basics of this crime, as well as the pillars on which it is based and its penalties, as well as to enrich it with some foreign and Arab legislation.
المصادر
المعاجم:
الرسائل والأطاريح:
المجلات:
1- د. گشاوه معروف سيدة البرزنجي ، د. نوزاد أحمد ياسين الشواني ، التشهير عبر الإنترنت وإشكالاته القانونية في العراق ، دراسة مقارنة ، بحث منشور في مجلة كلية القانون للعلوم القانونية والسياسية ، ص 194.
2- مريفان مصطفى رشيد ، بحث منشور في مجلة جامعة البصرة ، كلية شط العرب الجامعة 2021، ص 64 .
القوانين والاتفاقيات والقرارات: