Rami Abdel Hadi

After the world became a small village that knows no borders, due to the technological development in various sectors in the country, and at all levels, especially after the development of information systems and linking them to satellites, and of course the crime was complicated and the methods of committing it varied, taking advantage of this amazing technical development, so what is known as cybercrime or crimes appeared. Electronic technology, which took on new dimensions after the spread of the Internet as the fastest and most powerful modern means of communication in the world today. Among them, the importance of the topic of discussion of this article about cybercrime and how to prove it

Counselor Rami Abdel Hadi – Former President of the Court and Lawyer in Cassation

Before the issuance of the Anti-Cyber Crime Law, there was no law preventing illegal uses by which government data and information, systems and information networks of the state or a legal person were hacked, or the sanctity of private life was breached by divulging and assaulting them.

However, given the extent of the seriousness of these acts, the law defines them as grave acts that require punishment, according to the provisions of Article 95 of the current Egyptian constitution issued in 2014, which stipulates that “Punishment is personal, and there is no crime or punishment except according to the law, and no punishment is imposed unless by a judicial ruling and there is no punishment except for acts subsequent to the date of the law’s entry into force.” With the presence of that constitutional text and after the ratification of the Anti-Internet Crime Law and the development of a punitive text, which is a legislative way to deter anyone who begged himself to commit such sinful acts, which allows the criminal judge and the implementation of his discretion Applying the articles of the law to the perpetrators of such crimes.

For this purpose, and according to the experiences of Counselor Rami Abdel-Hadi – former President of the Court – Doctor of Law and Lawyer in Cassation, he will explain through several articles the following points:

First: What is electronic crime and what are its dimensions?

Second: What is the extent of the criminal legitimacy of electronic crime and how to prove it?

Third: What is the role of the criminal judge in light of the law regulating cybercrimes and the extent of its impact in reducing it?

First: What is electronic crime and what are its dimensions?

Counselor Rami Abdel-Hadi defined cybercrime as “the illegal assault that is committed by means of electronic information on natural or legal individuals and its main purpose is to achieve material or moral profit, or both.”

In other words, “every intentional criminal act, regardless of its connection to information, results in a loss to the victim or a gain achieved by the perpetrator.”

Summary of the topic According to the opinion of a team of lawyers at Al-Hadi Law Firm, cybercrime is all illegal, immoral, or unauthorized behavior related to the automated processing or transfer of data

Second, the characteristics of electronic crimes

According to Counselor Rami Abdel-Hadi – the former president of the court, he distinguished electronic crimes with several characteristics that distinguish them from other traditional crimes:

The environment for committing the crime is cyberspace, known as the Internet
The Internet is considered a tool for committing a crime or facilitating its commission, as the Internet is the link between all possible targets for such crimes, such as banks, companies of all kinds, people, etc., which are often the victim.
Cybercrimes are international crimes and are not only considered local. It is possible that the perpetrator of the crime is in another country, so the whole world can be a scene for committing the crime.
Cybercrimes are characterized by extreme danger from the physical side, money crimes, and special aspects of the victim’s reputation, which can completely destroy his personal and professional life.
There is great difficulty in prosecuting the perpetrator of these crimes, and if he is found, it is easy for the evidence to be destroyed by the perpetrator.
The motive for committing cybercrime differs from the motive for traditional crimes. Some commit cybercrime because of their passion for obtaining new information, such as hackers, or for seizing information on the computer, deleting it, destroying it, or permanently canceling it. The motive may be the desire to conquer the electronic system for the purpose of achieving Fame and proof of his scientific superiority, which is among young people, and may be to target some people and entities
Counselor Rami Abdel-Hadi explained that, through his legal experience, one of the most dangerous motives for cybercrime in society is crimes that affect the reputation and honor of the victim.

Third, the characteristics and characteristics of the electronic criminal through the characteristics of electronic crime

Intelligence is considered one of the most important characteristics of a cybercriminal, because it requires him to be fully acquainted with many techniques in information technology, in addition to his high ability to deal with computers and its various programs, as well as the ability to modify and change computer programs.
The perpetrator of the cybercrime is characterized as having a high degree of professionalism in using the Internet
The cybercriminal is not violent because this type of crime belongs to the crime of fraud, and this type does not require an amount of violence to be carried out.
The cybercriminal is socially adapted because his intelligence pushes him to adapt to society, and the more he adapts to society, the greater his criminal risk.
Cybercriminals tend to commit crimes with a hypercriminal tendency within them
The tendency to imitate, because most of the electronic crimes are committed through the individual’s attempt to imitate others with the technical skills that he has, which leads to his committing the crime

The previous analysis is the latest findings of the team of experts at Al-Hadi Law Firm

About the characteristics of electronic crime and the characteristics of the electronic criminal

Fourth: Some pictures of the current cybercrime

Counselor Rami Abdel-Hadi, lawyer in cassation and former president of the Court of Appeal, added that the forms of crimes against the confidentiality, integrity and availability of data and information systems are as follows:

Illegal entry to an information system owned by others, which is known as electronic piracy, with the aim of damaging