2. An Analytical Study of the Departures from General Criminal Policy in the Jordanian Cybercrime Law of 2023

Abstract

In the digital era, cybercrime legislation has become a central concern for criminal justice systems worldwide. This study examines the approach adopted by the Jordanian legislator in the Cybercrime Law No. 17 of 2023 and evaluates its consistency with the general principles of traditional criminal law. The law reflects a preventive and deterrent orientation, evident in the expansion of criminalization and the imposition of harsher penalties. While this orientation aims to strengthen protection against cyber threats, it has sparked significant legal and doctrinal debate regarding its compatibility with the principle of legality, the safeguarding of rights and freedoms, and its departure from established rules of criminal liability. The analysis focuses on two main aspects: the legal structure of cybercrimes and the substantive provisions governing criminal participation and aggravating circumstances. Findings reveal that the law employs vague terminology that risks undermining the principle of legality, criminalizes preparatory acts without adequate safeguards, and imposes penalties disproportionate to the seriousness of certain offenses. Moreover, it equates principal offenders with accomplices, contradicting fundamental principles of liability. The study concludes with recommendations to revise ambiguous provisions, restrict the criminalization of preparatory acts to narrowly defined cases, leave the regulation of attempts to the Penal Code, adopt a more proportionate approach to penalties, and reinstate the distinction between different forms of participation. These reforms would enhance the coherence of the Cybercrime Law with general criminal law principles while ensuring a more balanced protection of rights and freedoms.

Keywords: Cybercrime; Criminal Policy; Preparatory Acts; Attempt; Proportionality; Criminal Participation