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Comment on the provisions of Law No. 63 of 2015 on combating IT crimes An analytical comparative study with the most important instruments related to Combating IT crime

Auther : Dr. Muaath Sulaiman Al Mulla

Comment on the provisions of Law No. 63 of 2015 on combating IT crimes

An analytical comparative study with the most important instruments related to Combating IT crime
 
Dr. Muaath Sulaiman Al Mulla
Assistant Professor of Criminal Law - faculty member of the Academy
  Saad Al - Abdullah Security Sciences - State of Kuwait

The Kuwaiti legislator adhered to the provisions of Arab Convention against IT Crimes, issued in Cairo in 2010, ratified by Law No. 60 of 2013. Later, Law No. 63 of 1960 was issued, which carried the same term used in the Convention combating IT crimes. This law shall be enforceable after six months from the date of its publication in the Official Gazette pursuant to the provisions of Article 21 thereof.
The Kuwaiti legislator wanted to follow the legislation of the countries of the world in combating these types of crimes to create a legislative environment close to the legislation of other countries, a legislator seeks to translate the efforts of the State of Kuwait at the regional and international levels in combating this kind of crime, to protect the Kuwaiti society from the side effects which became an obsession of individuals.
After extensive reading of the provisions of this law, we found that the legislator drew penal policy in a manner contrary to the history of Kuwaiti legislative thought on the one hand, and contradicting with the provisions of this law with the idea of deterrence and reform to reduce these crimes on the other hand.
We concluded that this law is not compatible with the provisions of the Arab and European Convention as well as Riyadh Document to combat this type of crime, especially with regard to the procedural aspect, unlike the substantive aspect
Therefore, we used a critical analytical method. We divided the study according to the methodology adopted by the legislator in this law so that we can see the weaknesses in the drafting of this legislation. This is the basis of some of the aspects that the legislator overlooked and compar them with instruments. We concluded with a set of conclusions and recommendations that we hope will be of interest.

 

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