Document Type : Original Article
Authors
1 Department of Law, College of Law, Saladin University + Tişhk International University, Kurdistan Region of Iraq
2 Department of Law, Faculty of Humanities and Social Sciences, Koya University, Kurdistan Region of Iraq
Abstract
Modern information technology or information and communication technology and the resulting electronic networks and media are considered a qualitative cultural leap in the lives of individuals and society, but this bright positive aspect of this technology did not negate the negative repercussions that resulted from the misuse of this electronic media and the accompanying patterns of emergence Up-to-date offending behavior. This prompted the researcher to delve into the subject of penalties for the cyber threat crime in Iraqi and Kurdistan legislation. Through this study, we deal with the statement of the penalty for the crime of threat in the Kurdistan Region law and the Iraqi law, as well as we deal with the penalty for the crime of electronic threat in the comparative legislation as well. It was found through the study that the Kurdish criminal legislator realized the seriousness of the crime of threat after its rapid spread after the tremendous progress in the means of technology and modern information technology, and issued for this law the prevention of misuse of communications equipment no. (6) of 2008, which included the crime of electronic threat and determining the penalty prescribed for the crime of threat The study also found that there are legal loopholes with regard to the penalties prescribed for the crime of electronic threat, because the Kurdistan legislator has identified a variety of different crimes in one article and with one punishment, and this in itself is a serious mistake for the legislator because each of these crimes has special circumstances and circumstances. Differ from the other. It was also found that the Iraqi legislator has not yet taken serious steps towards issuing a law on combating information technology crimes, unlike the Egyptian and Emirati legislators, who issued a law on combating information crimes, including the crime of threat and determining the penalties imposed for the crime. The study concluded with a number of recommendations, including the necessity of amending the law to prevent the misuse of communications equipment in the Kurdistan Region and tightening the penalty for the offender in the crime of electronic threat, because criminal necessity and judicial justice require that.
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