(إجراءات التحقيق الابتدائي في الجريمة المعلوماتية (دراسة مقارنة

Abstract

The information crime is considered a novelty phenomenon that aims at violating the data of computer. It is a technical crime secretly committed by intelligent criminals who are acquainted with technical knowledge. Information technology has been associated with special procedural problems concerning inspection, information reservation, obligating the witness to restore and type the data, giving right to monitor, enter, collect and save data transferred by systems of electronic communication and inserting the official information to the penal action. The crime against the information technology is too difficult to detect or prove. This is the most important characteristic of such crimes. Also, proceedings of evidences collection in such crimes are self-acting especially those of investigation, collection of criminal evidences and preliminary interrogation such as inspection, mandate of experts, verification, arrest and hearing the witnesses that should be made, according to the investigator>s view, in order to detect the mystery in the information crime, but he is not obligated to execute all these proceedings. He may executes only the proceedings that help in investigation. The present study clarifies the degree of accordance between these penal proceedings and the information crime and shows the situation of criminal legislations in this respect.