The extent of the need to establish a criminal judiciary specialized in examining technical crimes A comparative study
DOI:
https://doi.org/10.59759/law.v5i2.1838Keywords:
information technology, newly established crimes, artificial intelligence, specialized courts, judicial qualification, comparative studies.Abstract
The rapid and successive development in the field of information technology, and the successive development in the industry of artificial intelligence technologies, have led to the emergence of many patterns of criminal behavior that are completely different from the patterns of behavior in traditional crimes, as they are characterized by their ease and low cost. Additionally, their danger in some cases may exceed the danger of traditional crimes. Furthermore, this type of newly established crimes is not limited by geographical boundaries, as they cross borders. Therefore, legislators in various countries around the world have directed their efforts towards enacting special legislation and laws that aim to combat this type of crimes.
Undoubtedly, the distinction of this type of crime from traditional crimes requires that the concerned agencies responsible for investigating and detecting them possess technical capabilities and resources that qualify them for this responsibility. At the same time, it requires the existence of specialized judiciary with special abilities that enable them to deal with these crimes. This study aims to identify the different legislative plans regarding granting jurisdiction to specialized judges to consider information technology crimes. The study focuses, through the comparative method, on identifying the legislative approach in some Arab and European countries in order to identify the most effective ways to combat this type of crime and achieve justice. To what extent is there a need to establish specialized courts to consider these crimes?
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References
Abel Yeboah-Ofori, Jamal-Deen Abdulai, Ferdinand Katsriku, Cybercrime and Risks for Cyber Physical Systems, International Journal of Cyber-Security and Digital Forensics (IJCSDF) 8(1):2019
Ajoy P.B (2022). Effectiveness of Criminal Law in Tackling Cybercrime: A Critical Analysis. Sch Int J Law Crime Justice, 5(2).
Aleksandra Lisicka, Łukasz Lasek, Do we need a special court for cybercrime cases?17/11/2017 athttps://newtech.law/en/articles/we-need-a-special-court-for-cybercrime-cases
AL-Mulla, M.S. (2025). Cybercrime from Controllability to Subjectivity: A Serious Call for Legislative Review. In: Chawki, M., Abraham, A. (eds) Cybercrime Unveiled: Technologies for Analysing Legal Complexity. Studies in Computational Intelligence, vol 1181. Springer, Cham
Can Sozer & others, Establishment of Courts that Specialize in Cybercrimes and Financial Crimes1/12/2021 at
Christie, E.H., Ertan, A., Adomaitis, L. et al. Regulating lethal autonomous weapon systems: exploring the challenges of explainability and traceability. AI Ethics 4, 229–245 (2024).
Combatting Cyber Crime,
Cyber Appellate Tribunal,
Diksha Jain, Comparative Analysis Of Cyber Laws - India, US And UAE, IJNRD | Volume 9, Issue 3 March 2024
Edwin Lee, Special Cyber Court and E-Court, May 24, 2018
Hemdani, M.G.K. (2025). Cryptocurrencies and the Dark Web: A Gateway to Money Laundering. In: Chawki, M., Abraham, A. (eds) Cybercrime Unveiled: Technologies for Analysing Legal Complexity. Studies in Computational Intelligence, vol 1181. Springer
Jain, R., Sonowal, B. (2025). Analyzing the Procedure for Investigation in Cybercrime and Admissibility of Electronic Evidence. In: Chawki, M., Abraham, A. (eds) Cybercrime Unveiled: Technologies for Analysing Legal Complexity. Studies in Computational Intelligence, vol 1181. Springer, Cham
Krishna Kumar & Praveen Gupta, A Study About Cyber Crimes And Cyber Law In India, JETIR May 2019, Volume 6, Issue 5,
Lanny L. Newville, Federal Probation Volume: 65 Issue: 2 Dated: September 2001,
Malatji, M., Tolah, A. Artificial intelligence (AI) cybersecurity dimensions: a comprehensive framework for understanding adversarial and offensive AI. AI Ethics (2024 (
Otero, P. (2022). Criminal Law and the Risks Posed by Internet. An Examination of Spanish Criminal Law. In: Cayón Peña, J. (eds) Security and Defence: Ethical and Legal Challenges in the Face of Current Conflicts. Advanced Sciences and Technologies for Security Applications. Springer, Cham
Ramadan, S.A., Qasim, A., Abdullah, A.F. (2024). Legal Liability Arising from Information Crimes in UAE Law. In: Alareeni, B., Elgedawy, I. (eds) Opportunities and Risks in AI for Business Development. Studies in Systems, Decision and Control, vol 545. Springer
Rosli, W.R.W. Waging warfare against states: the deployment of artificial intelligence in cyber espionage. AI Ethics 5, 47–53 (2025). https://doi.org/10.1007/s43681-024
Safeguarding India’s Digital Landscape Key Government’s Initiatives to Enhance Cybersecurity Awareness, Posted On: 25 JUL 2024 ,
Steve Morgan, 2024 Cybersecurity Almanac: 100 Facts, Figures, Predictions And Statistics,Jun 24,2024,
Tad Simons, Is It Time for a Court Dedicated to Cybercrime?,20Jun 2018
