Cybercrimes and mechanisms for combating them in Libyan legislation

Abstract

This study examines cybercrime within its contemporary legal framework, as one of the emerging forms of crime resulting from the digital revolution, which has become a fundamental challenge to traditional legal systems. The study aims to establish the legal concept of cybercrime and identify its main characteristics. It is evident that cybercrime relies on technological means and is characterized by speed and precision, in addition to its transnational nature and the difficulty of detecting and tracing its perpetrators. This necessitates the development of specialized legal and procedural mechanisms to effectively address it.

The study also addresses the international legislative framework for combating cybercrime by highlighting the importance of international conventions, foremost among them the Budapest Convention, in unifying legal concepts and enhancing judicial cooperation among states, particularly in the areas of digital evidence exchange and offender tracking. At the national level, the study reviews the efforts of the Libyan legislator, especially through the enactment of Law No. (5) of 2022 on combating cybercrime, which has contributed to establishing a legal framework for criminalizing acts related to information systems and data protection.

The study concludes that Libyan legislation has laid an important legal foundation for addressing cybercrime, supported by the establishment of specialized institutional frameworks. However, its effectiveness still faces several challenges, most notably the inadequacy of procedural regulations concerning digital evidence, the need to enhance the technical capacity of competent authorities, and the limited scope of international cooperation. Accordingly, the study recommends the development of national legislation, strengthening institutional and technical infrastructures, and activating international cooperation mechanisms to ensure effective protection of cyberspace, while maintaining a balance between security requirements and the protection of fundamental rights and freedoms