Legal obstacles to cybercrime scenes A comparative analytical study between Iraqi legislation and comparative legislation

Abstract

Every crime that occurs must have a place that leaves its traces, and it is known that the party responsible for researching and investigating crimes goes directly to the crime scene, especially in a witnessed crime. It is no secret that the crime scene is considered a storehouse of its secrets, but the crime scene in electronic crimes is different. With regard to traditional crimes, this raises legal obstacles that need to be reconsidered. The research was divided into two sections, the first of which dealt with the concept of cybercrime scenes, while the second section dealt with how to moving in and inspect cybercrime scenes. The research problem was the procedural, legal, and technical difficulties that cybercrime scenes suffer from, as well as the difficulty of tracking these crimes. The research aimed to clarify the position of Iraqi legislation on the cybercrime scene, and to know the path of legislation from the scene of that crime. The research reached a number of results. The most important of which is that the Iraqi legislator did not address cybercrimes or how to transmit and record cybercrime scenes. Among the most important recommendations reached: the need for the legislator to regulate how to transfer and store evidence of electronic crimes in a way that achieves a balance between tracking the criminal through the crime scene and the right to privacy and not violating it. Except by law.