Law Commons^™

The Legal Nature Of Cyberbullying: A Comparative Study Between The American And The Jordanian Laws, Alaeldin Mansour Maghaireh Dr.

UAEU Law Journal

The research is aimed to highlight the emerging phenomenon of cyberbullying in Jordan by analysing some of the main legal aspects of cyberbullying and relevant laws. It analysed whether the nature of the phenomenon constitutes a crime, and therefore, must be explicitly stated in the relevant laws, or it is only a bad social phenomenon that can be addressed within the school environment, and therefore no need for legislative provisions to prohibit it. The research showed the gravity of the psychological and physical effects of cyberbullying and its diversity forms and methods. Also, it underscored the paucity of the legal …

International Judicial Cooperation To Combat Money Laundering According To The Palestinian And The Uae Legislation: A Comparative Study, Abrar Ibrahim Assi Mss., Mustafa Abdelbaqi Dr

UAEU Law Journal

This study sheds light on the mechanisms of international judicial cooperation, and the most prominent challenges that impede international action in combating the crime of money laundering, which prevent the effective realization of combating this crime in Palestine and the United Arab Emirates as required. The study was divided into two sections, the first deals with the nature of international judicial cooperation, and the second deals with the mechanisms of international judicial cooperation and the most prominent obstacles in Palestine and the United Arab Emirates.

The study reached a number of results, the most important of which is the absence …

The Fine For The Crime Of Issuing A Cheque Without A Balance Between The Ordinary And The Relative In The Algerian Legislation, Bassim Chihab Prof.

UAEU Law Journal

The fine stipulated in Article 374 of the Algerian Penal Code took a special place in both the judiciary and legal jurisprudence, as the legislator made it specific to the value of the cheque or the decrease in the balance. The judiciary described it as a mandatory complementary punishment, and this resulted in important consequences, as it is not valid to rule on it alone, reprieve or reduce it. In view of the developments in the punitive policy, the Algerian judiciary, represented by the Supreme Court, considered this fine as an original penalty, and everything related to this description was …

The Security Period Disrupting The Punishment Conditioning Systems In Algerian And French Laws, Bassim Chihab Prof.

UAEU Law Journal

The security period is one of the topics of criminal law, it was adopted by French law in 1978 It was included in the penal code which entered into force on 1/3/1994. Then other legislation followed and it was adopted in the Algerian penal code by law 06- 23, it was considered by the Gabonese penal code issued on 5/7/2019.

The security period is not a criminal penalty or an aggravating circumstance, it is based on the terms of sentence and imprisonment and targets the systems of execution of the penalty, and it is mandatory by the force of law …

Fake “Universities” The Concept And Coping Strategies, Prof. Safaa Otani Prof., Hassan Al-Abdallat Dr

UAEU Law Journal

The increase in societal demand for higher education has resulted in a wide spread of global activities of universities and academic institutions. Moreover, the rise of e-learning patterns, distance education, and the increase of non-traditional types of education have prompted the development of quality assurance mechanisms as essential elements to the recognition and accreditation of academic institutions.

The problem that aroused, however, was in the exploitation of these models by certain entities claiming to be universities, idiomatically called the “degree mills”, and taking advantage of the educational environment to gain illegal profits, by selling “fake” degrees to individuals who pay …

The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.

UAEU Law Journal

terrestrial environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.

However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly …

Substantive Criminal Protection Of Scientific Journals From Phishing: A Comparative Study, Omar Abdul Majid Mosbih Dr.

UAEU Law Journal

The Academic sector faces many threats relating to ensuring its quality including the spread out of phishing for scientific journals done by cyber criminals with the aim of collecting money through the activities of researchers.

Academic phishing is considered one of the most noticed activities in the field of electronic publishing, especially in the use of knowledge at the electronic environment and the use of information circulation via the internet technology.

However, there are negative effects resulting from electronic phishing of scientific journals. Such effects represented in the loss of the academic work done by the researchers or that of …

The Competence Of The Federal Public Prosecutor And The Prosecution For Emergencies, Crises And Disasters In Accordance With The Regulation For Controlling Violations Of Precautionary Measures To Limit The Spread Of The Corona Virus (Covid 19) And With The Federal Criminal Procedure Code, Prof. Abouelwafa Ibrahim Dr.

UAEU Law Journal

The research focuses on the importance of the decision of the Minister of Health and Prevention to add (Covid 19) to the schedule of communicable diseases. The decision entails the issuance of administrative regulations to control the spread of (Covid19) and the strict enforcement of Federal Criminal Code

The research discusses the problematic legal basis for delegating the power to the Federal Public Prosecutor to determine violations of the precautionary measures imposed to limit the spread of the Corona virus (Covid 19).) and to decide the value of the fines against the violations of the precautionary measures

It also examines …

The Penalty Of Training On Citizenship Values As An Innovative Alternative To Short-Term Freedom Deprivation Penalties In The French Criminal Law, Dr. Abdul Aziz Ahmed Al Hassan

UAEU Law Journal

This study focused on defining the training penalty on citizenship values as an alternative punishment to penalties depriving freedom of short duration, which was approved by the French legislator as an innovative punitive model with clear specificity, aiming at restricting the offender's freedom rather than depriving it, in order to spare the convict sentenced to short freedom deprivation penalties mixing in prison with a convicted person on them for long periods, which leads to dire ill effects. The implementation of this punishment does not cost the state much compared to traditional penalties, and it reduces prison overcrowding. Through the extrapolation …

Criminal Confrontation Of Encrypted Digital Currencies And Artificial Intelligence Crimes Analytical Study In Egyptian And Comparative Legislation, Dr Ramy Metwally El-Kady

UAEU Law Journal

The world is on the cusp of a fourth industrial revolution, which is a tsunami of technological progress that will change the details of human life, through its dependence on the Internet of Things, Blockchain and artificial intelligence applications. Criminal law, legislators and criminal justice agencies do not seem isolated from these developments, and the research aims to shed light on the fourth industrial revolution and its new tools, address blockchain technology and its link to virtual currencies and their misuse, shed light on the rules of responsibility resulting from the use of artificial intelligence applications, and shed light on …

Penal Order: A Comparative Study, Dr. Ameen Dahmash

UAEU Law Journal

Criminal courts suffer from the problem of accumulating cases and slow litigation procedures, and among the most important factors leading to this is the large number of people committing minor crimes that fall within the scope of misdemeanors and offenses. Alternatives penal order. Most of the legislations make the issuance of a criminal order in the hands of the summary judge at the request of the public prosecution. However, other legislations make issuing a criminal order the responsibility of the public prosecution instead of the judge, and this represents an addition to alternatives to a criminal case, and an improvement …

Contracting For Academic Fraud The Concept And The Imperatives For Criminalization, Prof. Safaa Otani, Prof. Wael Mualla

UAEU Law Journal

The increasing demand for higher education was a double-edged weapon. Although it resulted in undeniable positive outcome such as universities' pursuit to develop their performance as well as their academic quality standards, there were, also, undeniable abuses among students. The expansion of the Essay mills has contributed to the transformation of cheating into an industry. Many students were tempted to contract others to write and submit their university essays as their own work, resulting in the emergence of the phenomenon of "Contract cheating", which poses a serious threat to the quality and standards of higher education throughout the world.

The …

د. نور الدين هنداوي- المجني عليه بين القانون الجنائي وعلم الإجرام

UAEU Law Journal

اختلف فقه القانون الجنائي في تعريف من هو المجني عليه، وخاصة أن التشريعات الجائية أغفلت دائماً تعريفه بصورة مستقلة، لذلك هناك من يعرّف المجني عليه من منطلق الضرر الذي أصابه من جرائ الجريمة، وبالتالي فهو ذلك الشخص الذي أصابه ضرر من الجريمة، أو أنه الشخص الذي يلتزم الجاني بتعويضه عن الضرر الناشئ عن فعله ، ولكننا لانستطيع في حقيقة الأمر أن نتبنى هذا التعريف، لأنه يخلط بين المجني عليه والمضرور من الجريمة، حيث أنه من الممكن وجود مضرور من الجريمة دون أن يكون هو المجني عليه فيها. فعلى سبيل المثال في جريمة الفتل، يعتبر القتيل هو المجني عليه في هذه …

The Role Of Commanding Good And Forbidding Wrong (The Role Of Al-Amr Bi'l -Ma'ruf Wa'l-Nahyi An Al-Munkar) In The Prevention Of Crime In The Islamic Criminal Legislation. - A Comparative Study - By: Lawyer Dr. Muhammad Riad Al Khany

UAEU Law Journal

No one in the Islamic Society can deny the effect of the order to do well and to refrain from what is bad on the prevention of crime. This order is a fundamental source of the Islamic Legislation in general and of the Islamic Criminal Legislation in particular. This in situation stem s its origins from two sources: The Holy Quran and Sunnah of our Prophet Muhammad. The Quran had said many times and on m any occasions, that the main task of the individual is to practice and order the well and to refrain from doing the bad and …

عذر الاستفزاز في قانون العلقوبات الاتحادي لدولة الإمارات العربية المتحدة

UAEU Law Journal

No abstract provided.

Jurisdictions Of Judicial Seizure Officers At The Various Stages Of Evidences Within The Federal Penal Procedures Law No.35 Of The Year 1992

UAEU Law Journal

The writer discussed in Chapter I the definition of evidences explaining their meaning, types, importance and restrictions on searching for them.

In chapter II he wrote about the stages of evidence collection and procedures to be followed via Judicial Seizure Officers, stating that the proofing power of an evidence goes into three stages, i.e. suspicion, availability of sufficient evidences and physical involvement. Each stage has its own procedures to which the writer assigned a separate research.

The most important conclusion reached by this research is a recommendation to amend para (2) of Article 33 of the Federal Penal Procedures Law …

Public Job Ethics And Their Effects On Federal Penal Law Of United Arab Emirates, Prof. Dr. Hisham Mohammed Rustom

UAEU Law Journal

In the preface, the author tackled a number of research matters closely related to his subject, which he later put under four parts:

In part I, he defined the duties of job function performance and facing any deficiencies thereto criminally since federal penal law forbade employees from leaving their work locations or deliberately reject to handle any of its functions considering it as an independent deliberate crime. Its scope covers all public employees as more particularly defined under article five of Penal Law, but does not cover those assigned public service for they are not specifically mentioned.

In part II, …

Criminal Policy In Fighting Money Laundry Phenomenon, Fatiha Mohammed Gourari

UAEU Law Journal

Money laundry and all activities relating to have become a very dangerous phenomenon on both the national and international level. It is of a high importance to trace this phenomenon and specify the precautionary arrangements and the responsibility arising from all actions facilitating money laundry, and their nature in the local criminal law and in the international criminal laws through the provisions regulating to money laundry. This search focuses also on impediments encounter legislations in this field, such as lack of rules regulating international criminal competence, positive conflict of competence between courts tracing this activity, territorial extension of these crimes …

Relevance Of Crimes In Shari’A (Islamic Jurisprudence) And Man-Made Criminal Legislations- Ali Adnan Al-Feel And Miami Ali Jelmeran, Ali Adnan Alfeel

UAEU Law Journal

The theory of relevance of crimes and penalties interrelation is considered a significant achievement of modern criminal law jurists. Thus, it is necessary to shed the light on the concept of “Relevance of Crimes” and the conditions and terms of such relevance with an illustration of the opinions of Islamic jurisprudence and man-made legislations. Additionally, the rules & procedures of trials related to crime relevance issues are also discussed.

The Concept Of Public Property And The System Of Protecting It According To Islamic Law - مفهوم المال العام ونظم حمايته في الشريعة الإسلامية, Nawfal Ali Alsafo

UAEU Law Journal

This article consists of an introduction by which the importance of public property was clarified, this is according to its connection to the economic structure of the state.

Then the article was divided into Two Chapters:

In chapter one, we discussed the concept of public property, its sorts and conditions. Firstly we talked about the private property, what can be considered as a private property according to Islamic rules, we concluded that the property can be divided into: estimated and non-estimated property, Then we discussed the Jurists’ opinions on public property. Secondly we clarified the sorts of public property in …

The Difficulties Which Oppose The Application Of Texts Of Robbery Crime Upon Computer Programs- الصعوبات التي تعترض تطبيق نصوص جريمة السرقة على برامج الحاسب الآلي, Mohammed Hammad Al Hiti

UAEU Law Journal

We started this article by an introduction regarding the importance of Computer, its parts, and the meaning of program and its sorts. In Chapter One we talked about the firmness of the utility of (money) on Computer programs, this chapter consists of three sections, in sec. 1 we talked about the attitudes of legislations regarding the firmness of the utility of (money) on Computer programs, these legislations are quite differed in their definition to robbery and its applications on the concept of money and things, we also detailed that computer has its own material and semantic identity. In sec. 2, …

Extremity Of Penal Judge In Building His Soulful Certainty- نطاق حرية القاضي الجنائي في تكوين قناعته الوجدانية, Mamdooh Khaleel Albahar

UAEU Law Journal

It is known that criminal proof is considered as one of the most important subjects of the criminal procedures, and that all procedures' main aim is to find a method to prove the real fact which took place since according to the criminal proof the suspect is considered as innocent or guilty, as the aim of criminal proof is to reveal the real fact for the purpose of securing justice.

The principal of soulful certainty is considered as one of the most important principals of evidence theory as it corresponds with the normal and logical thinking method in ordinal life …

Criminal Protection Of Credit Cards Towards Bearer’S Acts, Mohammed Hammad Al Hiti

UAEU Law Journal

Financial institutions found more advanced means of settlement than the common commercial papers in the commercial environment, and more advanced than prevailing monies in the economic environment, which strengthened the credit and settlement environment through non-traditional tools, the most important of which is the credit and settlement cards innovated by the commercial transactions with widely spread grand stores, as a substitute for money. This made people use it excessively, a case which resulted in wide spread and consequently more legal complications the most important of which is the forgery and distortion. This dictates a necessity to study the criminal liability …

Criminalizing Terrorism Funding: "A Study In The Jordanian Legal System", Abdulellah Mohammed Alnawayseh

UAEU Law Journal

Terrorism Funds considered as modern issue which has been given an important attention by the international community in particular after the adoption of the international convention on the suppression of the financing of terrorism in 1999 and the security council resolution number 1373 dated 28 September 2001 which came after the 11^th September attacks. This resolution has forced the UN members to criminalize terrorism funds and money laundry.

Jordanhas ratified this convention by adopting legislation number 83 in 2003, and criminized bank activities which are related to terrorist activities in paragraph 2 article 147 from the criminal code. This …

The Penal Autoritarianism In Its Highest Levels: The Crimianl Law Of Enemy- Dr. Abdelhafid Belkadi

UAEU Law Journal

By analyzing the evolutionary process shown up theough the growth of the penal intervention and its total expansive extension in our thime, the penal doctrine proposes a number of instruments and new theoretical concepts.

We find among these utilized concepts destined to describe some domaiuns of concern of the penal imtervention by the new criminalizing texts what is called in the German terminology "the criminal law of enemy" {Feindstrafrechr}.

The most salient characteristics of this law consists in the fact that it is an exceptional law that imposes itself in a permanent way eithin the jurisical order in the sake …

Criminal Protection For Personal Data And Information Stored In Computer, Mohammed Hammad Al Hiti

UAEU Law Journal

The first chapter includes the meaning of information and data, its kinds and mane points of resemblance, and difference between data and information, and the most important characteristics of information.

The second chapter putting for ward the necessity of research about criminal protection for personal data and information stored in computer which are represented in the following :-

1- The logical justification to search for protection.

2- The risks which the life specially exposed to, in particular, after depending on computer to store the personal data and information.

3- The importance for criminal protection.

But the third chapter which comprises …

Criminal Justice In Juvenile Delinquency, Rana Aloutor

UAEU Law Journal

Childhood is a very important period in human life; therefore certain principles exist to control its rights. Because of its status and importance, the Jordanian legislator, like the French one, treated it with special attention and care.

The existence of specific sustem regime in juvenile delinquency has three dimensions: The content, the procedural and the institutional. First, in the content, it doesn't seem adequate to apply at juvenile delinquency the same penalties as adults, measures of protection and education seem more adequate.

Then, in the procedural, the specifity of juvenile delinquency demands special courts, specialized in the issues related to …

Legal Inspection In The Preliminary Investigation A Study In The Jordanian And Comparative Legal System, Hasan Al Jokhdar

UAEU Law Journal

Inspection is one of the most serious procedures of elementary investigation. It is serious by definition since it deals with the human's most hidden secrets by probing into his person, residence, letters or belongings. The right to have secrecy is another face (manifestation) of man's right to a private life. Inspection is one of the most significant and effective investigation procedures because it may reveal material evidence that can assist in uncovering the truth about a crime and its relevance to the defendant.

This study is concerned with the definition of inspection, identification of its features and legal adaptation. It …

The Prisoner’S Right For Conjugal Privacy, Abdulellah Mohammed Al-Nawayseh

UAEU Law Journal

This research aims at examining the prisoners right of conjugal visits in both penal systems: the Islamic and Common. Wherein right of conjugal visits is a questionable issue in both systems through this study, I defined the concept of conjugal visits and if the conjugal visits system cripples the sanction goals. Then I explained the importance of conjugal visits and the hindrances to apply . Also I clarified the rulings of conjugal visits in Islamic penal system . Although few legislations admit the right of conjugal visits for the prisoner we clarified the rulings of conjugal visits in the legislations …

Protection Of Criminal Offences To Face New Ethical Legislation In Jordan And United Arab Emirates

UAEU Law Journal

It is said that 'honor' is the most precious of all things to human, and that without it the life itself becomes undignified especially for societies who give too much of a weight to this matter such as the Islamic Arabian societies.

The world has recently witnessed massive changes in the way of life that has produced a variety of new crimes and criminal techniques which gravely scratches the person's honor. These had specific adverse consequences on the Arabic societies, since this part of the world has become easily connected to the rest of the liberal countries within the concept …