Journal of Legal Sciences, a semi-annual scientific journal issued by College of Law - University of Baghdad, concerned with the publication of research and legal studies and jurisprudence and summaries in university, as well as the conferences and seminars held by the College of law. The journal first issue was in 1969, and continues so far in the extension of the issuance to all faculties of law in Iraqi universities and government institutions, as well as "the ministries and related institutions. Researchers from inside and outside Iraq publish their legal research in Arabic, English and French in the journal. It has been accredited for the academic promotion of university professors and has been given the standard classification since 2008. It has identifier number in the Iraqi Book and Documentation House (675) for the year 1998. The Journal published in two volumes each year, as well as on the number of research papers of the teaching staff with postgraduate students, and the special preparation of the researches of the legal conferences held by the College of Law - Baghdad University.
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Emerging Foundations for International Responsibility for Natural Disasters Resulting from Climate Change
With the emergence of many methods whose use is exceptionally dangerous despite being legitimate acts not prohibited by international law, they cause serious damage as a result of this danger. When legal thought finds that the application of the traditional theories will inevitably prevent the development targeted by States and the progress of States' technical and industrial progress. The search for foundations has begun more in line with the requirements of contemporary reality, By creating a legal basis for international responsibility that achieves a greater proportion of justice in society, objective responsibility has emerged as an evolving stage of international responsibility in law International, after the emergence of many risks resulting from natural behaviors of states such as air aviation accidents and marine disasters as a result of energy extraction and minerals, and accidents resulting from the use of nuclear energy. The International Law Commission had launched the designation of international liability for injurious consequences arising out of acts not attended by international law, perhaps the most common of which was the theory of risk.
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Compensation for Damages Arising From Demonstrations According to Private Laws
This study examines the position of comparative legislation (French legislation, English legislation, and Egyptian legislation) in dealing with regulating the issue of compensation for damages that arise in the context of exercising the freedom of demonstration by special legal rules with conditions distinct from what is decreed in the general rules that fall within the texts of civil law. In the countries under comparison, this is due to the specificity of these damages and the difficulty surrounding them in identifying the one who caused them in the vast majority of cases, on the one hand, and due to the difficulty of proving the fault of the person who is to be held accountable for redressing them when identifying him, on the other hand. We will shed light on the types of damages covered by compensation, the conditions for granting it, the authority responsible for granting it, and the people entitled to it. Explaining the position of the Iraqi legislator on these issues compared to what is the case in the comparative legislation mentioned above.
Functional Transformations in Criminal Law and Their Impact on Criminalizing Institutional Discrimination
Functional transformations in the roles and tasks of criminal law and contemporary social and historical developments reflect the urgent need to comprehensively comprehend some of the new crimes with the aim of including them within criminal legislation and determining appropriate penalties for them. Among these new crimes, the crime of institutional discrimination stands out as a form of general discrimination that occurs within the legal institutions themselves. It is usually based on unjustified discrimination between individuals based on legally protected characteristics such as race, gender, religion, or nationality. These actions negatively affect rights and disrupt the course of justice, which makes it necessary to strengthen the legal system’s ability to deal with them effectively by modernizing the roles of criminal law and amending legislation. Criminal, reflecting societal and legal developments. The development of criminal law reflects the comprehensive development in its multiple functions with its transition from traditional roles to contemporary roles that include the educational function by enhancing legal awareness and educating the public about legal rights and duties, or the moral function includes promoting criminal law values ​​and morals in society and combating immoral or immoral behaviors. The forward-looking function includes when criminal law attempts to adapt to future developments and confront potential criminal challenges, or its symbolic function, given that criminal law represents a symbol of justice and order in society, which contributes to building trust between citizens and the legal system.
contemporary criminal career transformation
criminalization of institutional discrimination
criteria for the effectiveness of criminal law functions
the forward-looking function of criminal law
Compensation through Guarantee Funds in the Area of Damages from Terrorist Acts
Compensation through guarantee funds is an important step towards the development of the right to compensation, as it contributes tangibly to the transition of responsibility for compensation for damages from individual responsibility to collective responsibility, so the injured person finds a collective responsibility that bears the burden of compensation and is committed to it on the side of the official or instead of him. Enabling him to obtain compensation for the damage he has incurred easily and smoothly, as the inability of the traditional compensation systems to provide adequate and effective protection for the affected, and in light of the increase in terrorist acts and the increase in their risks, and the large number of people affected, the matter in all of these cases requires confronting them with exceptional means that differ from the Those are the traditional legal means that were originally put in place to deal with ordinary damages. Compensation for victims of terrorism through guarantee funds guarantees the right of the injured to obtain compensation, as this compensation is related to the occurrence of terrorist acts more than it is related to the necessity of having someone responsible for the error or damage that occurred, and that this type of compensation leads to reducing disputes, and spares the affected people the trouble and hardship in Litigation, and lighten the burden on the courts and the judges themselves from the cases that fall on their shoulder
The Subjective Competence of the Federal Court of Cassation in the Criminal Case and Its Assessment
The subject matter jurisdiction of the Federal Court of Cassation in the criminal case is an exceptional system. The principle is that the Federal Court of Cassation, as a court of law, does not decide on the subject matter of the case. Therefore, this study showed the subjective authority and its estimation, which the legislator granted to the Federal Court of Cassation to decide on the subject of the criminal case to acquire the status of a subject court and is considered an alternative to that court and exercises its powers and procedures when considering the case. The case, in which it relies on the text of Article (263/b) of the Code of Criminal Procedure as its legal basis. We have supported the legislator's approach to the necessity of maintaining this authority while calling for regulating its provisions in a more clear manner. In response to the requirements of this research, we divided this topic into two demands: we dealt with in the first requirement the subjectivity of objective validity, and in the second requirement the assessment of objective validity.
Flexible Penal Legislative Drafting and Its Impact on Intellectual Freedoms
Public freedoms are considered an embodiment of the rule of law, the most important of which is intellectual freedoms, because individuals cannot exercise their freedoms in isolation from intellectual freedoms, They are enshrined in various charters and declarations of human rights, as enshrined in most constitutions, including the Constitution of the Republic of Iraq 2005, and its philosophy is that it is an interaction between the individual and society as it benefits individuals and society and this is due to its nature, It is the duty legislator, specifically in the criminal law, to protect public freedoms and place restrictions on them to prevent their conflict with the freedoms of others, However, flexible criminal legislative wording may sometimes intersect with the principles of the constitution, and thus produce effects that may exterminate the essence of intellectual freedoms, and make their exercise impossible, which entails some legal treatments that we touched in the research.
Administrative Regulation of Property Rights Agricultural Lands as a Model
The right to property is considered one of the most important original real rights. Its originality lies in the fact that it is a comprehensive and exclusive right, as the right of ownership grants the owner powers over the property that no one else enjoys. It is one of the most significant individual rights and the most expansive in scope, recognized in most positive legal systems and declarations of rights, though its extent and scope may vary in terms of quantity and quality based on the social, economic, and political philosophy underpinning the legal system of each country. Due to the inherent importance of the right to property, legal perspectives on it have varied over time. Initially, it was viewed as an absolute right with no restrictions, but later, attention shifted toward seeing it as a social function. Additionally, there is an argument that the right to property serves a social function, not that it is inherently a social function in itself. Despite the various views on this matter in different countries, the imposition of restrictions on property rights over time cannot be denied. Scholars have long acknowledged the social function of property, and since one of the primary functions of the state is to maintain public order in society, this concept has played a crucial role in imposing limitations on property rights. A review of international agreements, declarations of rights, and modern constitutions across different countries reveals that they recognize the right to private property and provide it with the necessary protection. However, they also acknowledge that legislation can impose restrictions on it to fulfill the social function of private property. The absolute nature that once accompanied the right to property, or the freedom to own the object of the right, no longer aligns with the developments in the role of the state and the interventionist character necessitated by recent developments. Therefore, private property—both movable and immovable—has been subject to restrictions imposed by administrative control, such as those placed on the ownership of agricultural land
Administrative control of property rights
Legal restrictions on the freedom to Own
The Element of Publicity in the Crime of Spreading Electronic Rumors in Accordance With the Provisions of Federal Decree-Law No. (34) Of 2021 Regarding Combating Rumors and Electronic Crimes
Publicity in the crimes of spreading rumors is one of the most prominent determinants of the crime, as publicity is the method and method adopted by the perpetrator of the crime of spreading rumors in promoting them in order to achieve the goals he wants. The study aims to shed light on the position of the UAE legislator in Federal Decree-Law No. (34) of 2021 regarding combating rumors and cybercrimes in explaining and defining the element of publicity in the crime of spreading and promoting rumors, and the impact of this element on the elements of crime, and the position of the UAE judiciary towards it. The study relies on the descriptive approach by describing the subject from the quantitative survivor, and the analytical approach by analyzing the position of the UAE legislator and the UAE judiciary on the element of publicity in the crimes of spreading rumors, with a statement of the position of the Egyptian legislator in some places when needed. At the end of the research, we reached an important conclusion that the crime of spreading and promoting rumors is one of the crimes of publicity, meaning that the UAE legislator required the availability of publicity in this crime. At the end of the research, we find it appropriate for the UAE legislator to add the definition of publicity in the first article of the Anti-Rumors and Cybercrime Law, and to indicate its characteristics and means.
Voluntary Withdrawal and Its Effect on Criminal Liability
The legal consequences of abstaining from committing a crime, which amounts to complete exemption from punishment or its reduction, may not be limited to the original perpetrator only, but rather its impact extends to the accessory shareholder as well, as this study concluded that the voluntary withdrawal of the accessory shareholder prevents him from being held accountable. From the attempt, but not as a deterrent to punishment, but because this avoidance negates the criminal behavior itself due to the absence of the criminal intent of the accessory contributor at a stage prior to the completion of the behavior. The most important recommendations were represented by the necessity of the legislation under study to legislate and regulate withdrawal and effective participation and approve the provisions related to it in detail to fill the gap. The wide range between the actual application of this legal system and the legal systems.
Electronic Terrorism is Legal Challenges and Illegal Practices
This study investigates the modern threat of cross-border electronic terrorism, which significantly impacts state security and is linked to various factors. It highlights the challenges in controlling and prosecuting electronic terrorism due to differing international criminal procedures for terrorist activities like inspection, investigation, and evidence collection. The study also finds that electronic terrorism, reliant on computers and the internet, differs significantly from traditional methods, making it harder to regulate and prosecute. This challenge is worsened by inadequate cybersecurity and inconsistent laws globally.
Disciplinary Responsibility of the Lawyer A Model for the Shadow Lawyer
The profession of the judiciary is a duty, not merely an honor, and the lawyer acts as the standing judge who assists the judge in delivering justice through the evidence and arguments presented. Therefore, the lawyer must adhere to the explicit duties outlined by the legislator, in addition to other obligations associated with his profession. To preserve the traditions and customs of the profession, a disciplinary system has been established for any lawyer who undermines its honor. The disciplinary responsibility of the lawyer is the cornerstone of research, and this responsibility is derived from Federal Law No34. on advocacy, where it differs from civil and criminal responsibility in its specific nature and elements. This responsibility is established as a fundamental right of the Disciplinary Board for those who violate the principles and honor of the profession. A lawyer is a natural person registered with the relevant authority and licensed to provide all legal services to the public. The legislator has prohibited lawyers from engaging in any conduct that contradicts the dignity of the profession and requires them to uphold integrity and honesty. Furthermore, it is forbidden for a lawyer to deceive or mislead their client in any way, one of the recent phenomena threatening the localization of the legal profession is the leasing of licenses, which allows a citizen lawyer to have a nominal ownership of a law office. This has led to the emergence of what is known as the "shadow lawyer," who effectively manages the office without a license to practice according to the law, resulting in negative consequences that extend beyond the profession. Therefore, it is essential to address this phenomenon and impose deterrent penalties on those manipulating the system, so that the legal profession remains capable of keeping pace with the development of the state and its economy.
The Expiration of International Treaties in Islam and Public International Law
International treaties have emerged since time immemorial to regulate international relations between States containing the rules agreed upon by the parties Through those rules, such relations are regulated, and their provisions and mutual obligations are set out among the parties, based on the lofty objective of international treaties, today it has become one of the most important sources of public international law and plays an important role in maintaining the unity and organization of the international community and managing the emerging relations among its members, in order to preserve the importance attached to international treaties. Through this research, the study aimed to show something no less important than the conclusion of treaties and how those international treaties expired compared to those in Islam and general international law. As we know, the expiration of international treaties is intended to terminate their provisions and their disappearance from the regime by which the parties agreed to them. It is worth mentioning that the reasons that lead to this lapse have varied somewhat, between what we see as the reasons for the expiration of treaties in Islam and what we see in general international law, and the differences in those reasons undoubtedly lead to the different effects to which they reply.
The Suitability of Legal Rules Related to Intellectual Property to Protect Digital Works Derived by Artificial Intelligence
Devoting a study to the suitability of the legal rules in force to protect digital works derived by artificial intelligence is of great importance in the areas of intellectual property. This sparked a jurisprudential debate about considering digital works derived with artificial intelligence as an invention, just like traditional works, as well as disagreement over the ownership of digital works derived with artificial intelligence, and the lack of legal rules to regulate these matters. Therefore, the question has arisen about the suitability of the current legal rules to accommodate and organize digital works devised by artificial intelligence, and in our topic, devising intelligent digital works. For this reason, the idea of ​​this important research came about, which comes in the context of legal regulation of digital works derived by artificial intelligence? The researcher raises the question: Do current literary and artistic property legislation accommodate artificial intelligence inventions, such as smart digital works, and consider artificial intelligence as an inventor? If the answer is no; We wonder whether this legislative position should be reconsidered in light of the major technological developments underlying the field of artificial intelligence. Is it time to consider artificial intelligence systems as inventors under the legal regulation of literary and artistic property, specifically copyright protection? The research reached several results, the most important of which is that technological development in the field of artificial intelligence has produced digital works independently devised by artificial intelligence, and inventions devised with the help of artificial intelligence, and these smart digital works are not regulated in copyright legislation. Based on the fact that legal legislation is only known to human inventors (the natural person), and does not recognize artificial intelligence as an inventor, and does not grant it legal protection. Because it does not have legal personality, and current legal legislation is not appropriate to accommodate artificial intelligence inventions. The research also reached several recommendations, the most important of which is establishing an independent legal regulation for digital works derived with artificial intelligence. Because any adaptation of traditional rules will result in legislative distortion of literary and artistic ownership texts. That is, amending literary and artistic property legislation, specifically copyright; To accommodate digital classifiers derived by artificial intelligence.
The Effect of the Principle of Confidentiality in Pre-Contract Negotiations
The aim of the research was to analyze the importance of privacy and confidential information in the negotiation processes of preliminary contracts, in order to understand the challenges and problems faced by the parties in maintaining their privacy and confidentiality of their information during the negotiation processes, the research relied on the comparative approach to study the legal principles and frameworks related to confidentiality in negotiating through various legislations, and through careful analysis, the research sought to provide recommendations to improve the legal framework and ensure a balance between the rights of the parties and ensuring confidentiality during the negotiation processes, and the research reached the following results: The legal bases for the obligation of confidentiality in contractual agreements varied according to the legal context and the existing system in each of them, as they were determined in the UAE by the intersection of Islamic law with the principles of civil law. The research also showed that confidentiality obligations included all information and data that one of the parties had access to during the negotiation process, such as prices, production plans and indirect means of advertising.
Responsibility for Violation of Confidentiality of Negotiations
Administrative Judicial Oversight of Decisions to Appoint Public Employees in the State of Kuwait
In this topic, we discussed the administrative judiciary’s oversight of the appropriateness of public employee appointment decisions. Through this topic, we aimed to identify the effectiveness of the judicial oversight exercised by the Administrative Cassation Court on the appropriateness of public employee appointment decisions, through monitoring the terms of appointment and verifying the extent of compliance. Management controls the appointment process As well as oversight of the discretionary authority granted to the administration during the appointment process, the descriptive approach has been applied, and in this matter we have reached several results, including that judicial oversight is particularly important for verifying the legitimacy of administrative decisions related to appointment in particular and related to public employment in general, as it works To verify the extent of the administration’s commitment to the principle of legality in the appointment process. There are also powers and powers granted by the legislator to the judiciary to exercise its oversight over the decisions and actions issued by the administration, especially over the process of appointing a public employee. The judiciary’s approach to appointment was to verify the guarantees established by the legislator to protect the public employee against the administration and to guarantee his rights during this stage. In this matter, we have come up with several recommendations, including the necessity of activating the self-monitoring role of the administration so that the senior management has oversight over the lower-ranking and progressive administration, thus activating the supervisory role on the administrative decisions issued by it, especially related to the appointment of the public employee, and the importance of reducing the duration of the administrative grievance so that it is within It is possible to quickly resort to the judiciary to carry out its oversight tasks over the administration’s work related to the appointment of the public employee. The necessity of choosing appropriate appointment methods that ensure the presence of the most qualified and qualified person to assume the responsibilities of the public job, and narrowing the discretionary authority granted to the administration in the appointment process, and the importance of presenting the ministerial decisions regarding the appointment of the leadership functional group to the judiciary in order to activate the role of the judiciary in those decisions until the presence of the appropriate employee is verified. In the right place.
The Legal Nature of the Crime of Electronic Hacking That Harms State Security a
Cyber-penetration is one of the most serious digital crimes threatening the stability and integrity of States' systems. For the purpose of espionage, sabotage or disruption of critical infrastructure, the research will show what the internal and external security of States is. As for its legal nature, the cybercrime has two different natures, one of which is the material aspect, which is when the information is stored on an electronic supporter, and the latter is the moral aspect, which is when the information is in a state of transfer or is present in the memory of the information system. In order to clarify the concept of breach of diamonds by the security of States, and also for this crime to materialize, its main pillars must be found s intention to harm the security of the State.
The Powers of the Federal National Council in the field of ordinary Legislation for the United Arab Emirates
There is no doubt that the Federal National Council, as a federal constitutional institution, exercises its various powers at the legislative level. It undertakes the task of legislating in all fields at the level of the United Arab Emirates. Therefore, its legislative authority in this field is crystallized in two fundamental issues: the first is draft laws, and the second is international treaties and agreements. However, it is important - in this study - to determine the legislative role played by the Federal National Council in light of what a number of comparative legislative councils specialize in, in order to determine the extent of the real role of the Federal National Council in this field.
Transformations in Maritime Transport in the Digital Age
This research addresses the nature of electronic bills of lading in light of Emirati legislation, by defining, describing its functions, mechanisms, establishment, parties involved, and its significance as a new means of proving maritime transport contracts. It also discusses the substantive and formal conditions of such documents, with the research problem lying in the absence of national legislative rules regulating them, and the adequacy of the provisions of )the Electronic Transactions and Trust Services Law No. (46) for the year 2021( in addressing them in the UAE, along with the UAE Maritime Trade Law. The research adopts an analytical and comparative approach and consists of a set of findings, among which are: The role of electronic bills of lading has evolved to become a tool for proving both transport and shipping contracts, culminating in being a credit instrument representing the goods. Therefore, possessing it indicates possession of the goods, resulting in the same legal consequences as possession of the goods themselves. Both traditional and electronic bills of lading serve the same purpose, and electronic maritime bills of lading can perform the same role as traditional bills of lading in proving contractual transactions.
The Non-Suspensive Effect of the Appeal for Annulment and the Exception Thereto in UAE Legislation
To achieve the principle of legality, the Emirati legislator decided that administrative decisions are subject to judicial oversight, where all civil and administrative legal actions are subject to the supervision of the unified judiciary. The Federal Supreme Court affirmed that filing an annulment lawsuit does not result in the suspension of the contested decision, as stated in its rulings: 'The filing of a lawsuit to annul an administrative decision, as a general principle, does not lead to the suspension of the implementation of the administrative decision. Conversely, the execution of the decision and the utilization of its subject matter do not prevent the continuation of the consideration of the annulment request and the ruling on its subject, as the lawsuit aims to ensure the legality of the decision and its compliance with the established principles in the law.' The principle of non-retroactivity has decided on annulment because it serves the public interest, since administrative actions are presumed to require urgency and necessity in order to achieve their objectives. Therefore, it is essential that no individual, regardless of who they are, is allowed to halt its progress or stop its activity simply by filing for annulment.
International Responsibility for Violations of the Rights of Foreigners under International Human Rights Law
This research addresses the issue of international responsibility for violations of foreigners' rights within the framework of international law, examining the legal and theoretical framework of this responsibility. The research begins by clarifying the nature of international responsibility, its concept, and distinctive characteristics, then traces the historical development of this concept in the field of protecting foreigners' rights. It also reviews the legal basis for international responsibility and the necessary conditions for its emergence in cases of violations of foreigners' rights. The research then moves on to study the mechanisms for implementing international responsibility, classifying them into diplomatic and political mechanisms as well as judicial and supervisory ones, explaining how these mechanisms work and their effectiveness. The research dedicates an important section to discussing the challenges facing the application of international responsibility, including both legal and procedural challenges, as well as contemporary challenges resulting from accelerating global developments such as globalization, technological advancement, and armed conflicts. The research concludes by emphasizing the importance of developing a more effective international legal system to protect foreigners' rights, and the necessity of strengthening accountability mechanisms at the international level to ensure justice and reinforce respect for human rights regardless of nationality, thereby contributing to stability and peaceful coexistence between nations.
Jurisdiction in Lawsuits for Damages Arising From Artificial Intelligence Systems under Jordanian and Iraqi Law
This study aimed to clarify the nature of civil actions and their role in resolving disputes related to jurisdiction over damages arising from artificial intelligence (Ai) systems, as well as to analyze the role of the judiciary in adjudicating such disputes and the legal foundations on which it relies. The researcher adopted both analytical and comparative methodologies and concluded that the “human proxy” theory represents one of the most prominent modern legal approaches to addressing the liability gap in cases where it is difficult to attribute harm to a specific natural person. this theory assigns liability to a natural person connected to the intelligent system—such as the designer, developer, or end-user—acting as a legal representative for the Ai entity, which lacks legal personality. This approach contributes to establishing clear legal liability and providing effective protection for injured parties. The study also revealed the inadequacy of traditional means of proof, such as testimony, presumptions, and written evidence, in light of the rapid advancement of Ai technologies—particularly in cases where the source or mechanism of the harm is difficult to trace due to the complexity of algorithms and the autonomous decision-making of these systems. The study concluded that it is essential to develop the civil evidentiary system to keep pace with the digital transformation and recommended enacting a specific law on Ai ethics in Iraq, incorporating principles for the design, development, and use of intelligent systems while ensuring respect for human rights, privacy, and human dignity. it also called for the adoption of a unified international convention on ai-related damages, through cooperation between national legislations and international organizations, with active participation from major countries and the support of the united nations and Enesco, to standardize legal and ethical frameworks in this field.
The Right of Public Employees to Run for Parliament in Iraqi Legislation
Political rights are among the most important rights enjoyed by a human being, as a person's political participation contributes to shaping his present and determining his future. Among these rights is the right of a public employee to nominate himself for membership in the House of Representatives - parliament - as it is the true mirror that reflects the extent of progress achieved in the field of democracy. Therefore, most international covenants and instruments stipulate this right, and constitutions have been keen to establish this right within the general principle of political rights. Legal legislation has regulated this right and set general controls and restrictions for it. Countries’ legislation has varied in its strictness or leniency, depending on the nature and philosophy of the political system in place in the country, and the role of the judiciary in monitoring this right. Hence, our research, which we divided into three sections, the first entitled (the nature of the public employee’s right to nominate), the second entitled (the legal basis for the right to nominate), and the third entitled (the general controls for nomination and the special restrictions that apply to it, and the role of the judiciary in monitoring it). then we reached the conclusion of the research, which contained the most important results, including that the nature of candidacy is considered synonymous with the term freedom, the Iraqi legislator’s strictness in some general controls for candidacy, the absence of a constitutional and legal organization of the political rights of the public employee in Iraq, and the issuance of a set of recommendations, the most prominent of which is the necessity of organizing the political rights of the public employee constitutionally and legally, and easing some general controls for candidacy, and demanding that this be amended.
The Validity of Digital Evidence in Criminal Evidence
هدف البحث الوقوف على حجية الدليل الرقمي ودوره في إثبات الجرائم الإلكترونية في التشريع الإماراتي، حيث أن هذا النوع من الجرائم يتميز بسرعة التطور وقابلية التجدد، ولم يألفه رجال الأمن والتحقيق في الجرائم الأخرى التي تسمى الجرائم التقليدية، لذا سعى البحث التعرف على شروط قبول الدليل الرقمي وحجيته، ومناقشته والاقتناع اليقيني به، وقد اعتمد البحث على المنهجين الوصفي والتحليلي، لمناسبته لموضوع البحث، وتوصل البحث لعدة نتائج كان أهمها: أن مكونات الحاسوب المعنوية تصلح محلا للتفتيش والضبط ، نظرا لإمكانية إسباغ الصفة المادية عليها، إن الاتجاه الحديث في التشريع والفقه المقارن يعد المعلومات المخزنة في الحاسوب ومخرجاته من أفضل الأدلة المتاحة للإثبات ، وتتمتع باليقين المتطلب في الإثبات الجزائي وهذا ما ذهب إليه قانون مكافحة الشائعات والجرائم الإلكترونية الإماراتي، وبناءً على تلك النتائج تم وضع التوصيات التالية: يوصي الباحث بوضع مجموعة من القواعد الإجرائية التي تمكن مقدمي خدمة الإنترنت جمع المعلومات داخل شبكة الإنترنت، وكذلك متى يكون لهم كشف هذه المعلومات لجهات إنفاذ القانون. كما يوصي الباحث بأن يأخذ المشرع الإماراتي على غرار المشرع المصري بتطبيق المادة السادسة من قانون الجرائم الإلكترونية المصري رقم 175 لسنة 2018 بشأن المدة المستحقة لمراقبة المشتبه بهم، والتعامل مع مقدم الخدمة.
The Jurisdiction of Judicial Police in Investigating Crimes of Spreading Rumors and Fake News in the UAE Legislation
This research aims to study the jurisdiction of the judicial police to search and investigate the crimes of spreading rumors and false news in the UAE legislation. Rumors and false news are emerging phenomena on social media and digital media, and pose a major challenge to societies, including the UAE. The research included a comparative and comparative analysis of the relevant UAE legislation that regulates the spread of rumors and false news. The criminal provisions and legal procedures followed by the judicial police to combat these crimes were highlighted. The relevant legal texts and UAE legislation were analyzed, with a focus on the powers, duties and mechanisms available to the judicial police. To investigate crimes of spreading rumors and false news. The research relied on the analytical descriptive approach, as well as the comparative approach for analyzing legal texts, judicial sources, and relevant legal literature. Data was collected from multiple sources such as laws, legislation, judicial decisions, and previous studies. This research has reached results that contribute to providing a deeper understanding of the jurisdiction of the judicial police in the field of combating the crimes of spreading rumors and false news in the UAE legislation. The results and recommendations resulting from this study may provide a basis for developing and improving legal policies and procedures related to combating these crimes in the Emirates and other countries.
The Effect of the Penal Ruling on the Appointment of the Policeman and On the Termination of His Service
The first effect of the criminal ruling on the career position of a policeman appears when it is a condition preventing appointment and reappointment to the police service, and this effect continues when it causes the termination of the policeman’s job, either permanently, such as expulsion from service, or temporarily, as in the case of removal from service The problem lies in the fact that some of the effects of the criminal ruling are regulated by a non-criminal law, such as the Internal Security Forces Service and Retirement Law No.(18) of 2011 (amended), and also that some of the legal texts contained within the scope of the Internal Security Forces Criminal Law, whether in the Internal Security Forces Penal Code No.(14) of 2008 (amended) The Code of Criminal Procedure for the Internal Security Forces, Rum (17) of 2008, was drafted in a manner inconsistent with the general rules regarding the impact of the criminal ruling on public employment, contained in the Iraqi Penal Code No.(111) of 1969 (amended).Therefore, we aim to diagnose these texts and propose the necessary amendments to them in a manner consistent with the general rules of the Iraqi Penal Code.