The Role of Penal Policy in Combating Information Technology Crimes (A Comparative Study)

Abstract

This study explores the role of penal policy in combating information technology crimes committed against governments, by analyzing both legislative and practical frameworks across various legal systems. It aims to assess the effectiveness of current sanctions in deterring cybercrimes that target state security, disrupt governmental operations, or breach official data. The study highlights legislative and procedural shortcomings in some countries and adopts a comparative approach, focusing on the legal frameworks in Iraq and Egypt, while drawing insights from modern international models. The findings indicate that existing penal policies require further development to keep pace with rapid technological advancements. There is a pressing need to adapt criminal penalties and modernize procedural mechanisms to ensure effective deterrence and adequate protection for government systems.

Since the dawn of humanity, people have sought to protect themselves from cybercrime, to avoid its dangers, or to mitigate the harm it may cause. They have utilized all their knowledge and ability to devise solutions, employing all their innovations in equipment, technology, and tools, and developing pre-existing plans to confront it. Information technology crimes fall within this framework, being the product of ignorant or erroneous actions, or malicious behavior intended to achieve illicit goals. These behaviors are new, brought about by modern information technology, which has evolved alongside the development of electronic equipment and digital software. They are addressed through preventative and protective measures, and sometimes through deterrent measures by classifying them as criminal acts punishable by law. Numerous attempts have been made to define their various forms and explore how to confront them by applying existing laws established before the advent of information technology, without compromising the principle of legality in criminal law. Consequently, legislation has varied in its approach to dealing with cybercrime and in establishing a legal framework for it.