مقتـرح صيـاغـة مشـروع قـانـون جـديـد خـاص بالجـرائـم الإلكتـرونيـة فـي الجمهـوريـة اليمنيـة

Abstract

Islamic jurisprudence and legal problems that criminal justice faces today in the Republic of Yemen is the absence of a special criminal legislation that can regulate digital crimes and the process of collecting evidence and investigation of basic digital crimes and should also have special provisions and penalties for those crimes. As a result they have to deal with such crimes on the basis of existing laws of the Penal Code and prevalent Criminal procedures to address these crimes. This raises many questions about the absorption of the provisions of those laws and their suitability to the requirements of the conduct of procedures, reasoning and investigation of cybercrimes, as well as solid evidence of digital proof. The researcher will propose a new draft law on digital crimes in the Republic of Yemen. This is based on the inductive approach, the analytical method, the deductive method, and the comparative approach.