تاصيل نظرية الاشتراك الجرمي في الجرائم الالكترونية وفقا لمنهج المشرع الاردني

Analyzing the Theory of Criminal Complicity in Cybercrime According to the Jordanian Legislator's Approach

This research explores the Jordanian legislator’s insufficient attitude to criminal complicity in in the context of cybercrimes. Although cybercrimes are addressed in an independent law, they are not confronted with comprehensive provisions. A relevant provision is sometimes found in the Cybercrimes Law and in the Penal Code in other times. Thus, the researcher analyzes criminal complicity in cybercrimes in accordance with the relevant general provisions of the Criminal Law, highlighting the confused attitude in combating them. It is found that the Jordanian legislator has violated the general provisions of complicity in the Penal Code by using the same penalty for all the forms of cybercrimes, whether under the Cybercrimes Law or the Penal Code, punishing whoever participates, intervenes or incites such crimes like the original perpetrator. Therefore, the researcher recommends amending Article (14) of the Cybercrimes Law to keep the General Provisions of the Penal Code. The research is divided into two parts. The first investigates the Jordanian legislator’s attitude to criminal complicity. The second looks into criminal responsibility within complicity with regard to cybercrimes subject or not subject to the Penal Code.