The Crime of Electronic Fraud in the Palestinian Criminal Legislation: An Analytical Study

Abstract

This study addresses a relatively recent crime, namely electronic fraud, in Palestinian criminal law, employing an analytical method. The main focus of this study was to examine whether the traditional provisions of fraud under the Palestinian Penal Code No. (74) of 1936 & Jordanian Penal Code No. (16) of 1960 and its amendments, applicable in the West Bank, can extend to encompass the emerging crime of electronic fraud, which may be committed using computers, smartphones, and other devices. This study relied on analyzing the penal provisions of the previously mentioned Palestinian labor laws and consulted legal opinions to determine the extent to which these provisions apply to electronic fraud. The study also aimed to shed light on the subject matter of this crime (money) to understand its nature in electronic fraud, in light of the inadequacy of current legislation regarding whether it should be classified as material money or informational money. There are various legal opinions on this matter. The study drew several conclusions, the most prominent of which was that the money involved in cyber fraud is informational money that has value. Additionally, Decree-Law No. (10) of 2018 and its amendments, which is in force in the West Bank and Gaza Strip, criminalized electronic fraud and punished it with a penal provision. It also issued recommendations, the most important of which was: The Palestinian legislative council in the Gaza strip must approve and implement Decree-Law No. (10) of 2018 and its amendments regarding cybercrimes, and make it legally and practically effective, because it addresses issues of electronic fraud.