The crime of information forgey A comparative study between french-Egyption and Iraqi law
Keywords:
Forgery of information, information editor, information technology, information system.Abstract
There is a noticeable discrepancy between the French law and the Egyptian and Iraqi laws in the formulation of texts on information forgery, whether in the place where the crime is located or in the elements of the crime, and this discrepancy had an impact on determining the contemporary criminal policy in the legislation of those countries, the French legislator's plan appeared clear from the beginning in addressing information forgery in the French Information Fraud Law No. 19/88, and the modern Penal Code 1992 and addressed The information editor along with the traditional editor has the same provisions as the traditional crime of forgery. On the contrary, the Egyptian legislator's plan to criminalize information forgery has not yet been clearly reflected through its provisions in the Electronic Signature Law No. 15 of 2004 or in the Anti-Cybercrime and Information Technology Law No. 157 of 2018. The same is the case in Iraqi law, where the Iraqi legislator did not clearly stipulate the crime of forgery in the Penal Code, and what it brought are attempts to fill the legislative vacuum in addressing the crime of information forgery in the Electronic Signature and Electronic Transactions Law No. 78 of 2012, as well as the draft law on combating information crimes of 2013. Therefore, we wonder about the appropriateness of the legislative plan in both the Egyptian and Iraqi laws in addressing the crime of information forgery in modern penal policy? It seems appropriate to follow the comparative analytical scientific method to find out the general legislation plan in French, Egyptian and Iraqi law, to extract the common denominators and legislative differences between them, in order to stop the shortcomings and deficiencies in addressing information forgery in Egyptian and Iraqi legislation. With a focus on the analytical approach based on the analysis of those legal texts and the opinions of jurists and court rulings in this regard.
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