The Problem of Jurisdictional Conflict and the Applicable Law on Cybercrime

Abstract

This study addresses the issue of jurisdictional conflict and the applicable law on cybercrime, which has had a clear impact on criminalization and punishment. In addition, the procedural aspects of combating these crimes that transcend borders, pose many challenges in terms of jurisdiction, especially given the differences in legislative frameworks and the weakness of international cooperation in this field. The study initially focuses on explaining the legal nature of jurisdictional conflicts and their impact on cybercrime. It also highlights the issues related to the perpetrator’s multiple nationalities. The study concludes that jurisdictional conflict arises from states’ adherence to the principle of sovereignty over their territories and people, and the absence of unified legislation to resolve disputes over the applicable law. The study exceptionally suggests applying the principle of personal jurisdiction with an affirmative approach and the principle of universal jurisdiction under specific conditions. The study recommends amending Article (7) of the provisions of the Penal Code and Article (38) of the Cybercrime Law in Jordan to include the principle of regional jurisdiction for attempted cybercrimes committed abroad and where the criminal result is not achieved thin the Jordanian territory.