Dr. Faisal Faraj Al Mutairi
Assistant Professor of Criminal Law
Saad Al-Abdullah Academy for Security Sciences – Kuwait

Abstract:

This research examines the technical and procedural aspects of activating the enforcement of Kuwait’s 2015 Cybercrime Law No. 63, which has come to fill a legislative vacuum, which created a kind of disturbance and confusion among the judiciary and law enforcement agents alike. This has been confirmed by the explanatory memorandum to the act, noting that the increasing use of information networks and activities led to many risks, producing new types of crimes called “information crimes”, such as embezzlement, forgery, crimes of ethics and morality, information theft and penetration of security systems.
As it is certain that the procedural law transfers the cardinal rules, which combat crimes, from stillness to movement, the stage of real application or practical implementation, the traditional penal procedural texts represented in the Kuwaiti Code of Criminal Procedures and Trials No. 17 of 1960 do not aid in combating new crimes committed using advanced technology. This, in turn, necessitates revision and development of relevant procedural rules.
In light of the above, the importance of this study lies in seeking to establish special procedural rules that mimic the virtual reality of cybercrime, away from traditional rules. The study, therefore, aims at shedding light on the issue that law enforcement agents, public prosecutors and courts engage in this cyberwarfare with conventional procedural weapons that are incompatible with virtual reality.
To that end, the study has followed a comparative analytical approach to identify the technical models and experiences put forward by some states, such as Finland and Switzerland as patterns for others to follow, model on and derive some benefit from. The study ended up with the conclusion that it would be necessary for the legislator concern themselves with the integration of substantive aspects with procedural aspects and it recommended the establishment of a Cybercrime Court.

Keywords: Computer System, Cybercrime, Electronic Inspection, Electronic Criminal Laboratory, Electronic Directory.

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