The Legal Subject of Traditional and Cyber Theft in Libyan Law: A Comparative Analytical Study

A Comparative Analytical Study

Abstract

The legal scope of electronic theft is broader than the legal scope of traditional theft because in electronic crime it includes tangible movable property such as cylinders or magnetic tapes, as well as the informational moral entity, whether data or programs, while in traditional theft it is limited only to physical movable property, electrical energy, and other things. Types of energy of economic value. Also, the nature of the object of the intangible information property, the absence of a legal text that explains the meaning of the information, its nature, the extent to which possession is established and terminated with it, the extent to which the principle of criminal legality is violated or not, and the jurisprudence and judiciary agree that seizing data through mental capture does not do so. The traditional crime of theft. It has raised a wide jurisprudential controversy, and to resolve this jurisprudential controversy, we saw the legislator intervene by amending Article 444 A as it is the general rule for determining transferred property for money crimes. Capturing electronically processed information through any electronic medium is considered transferable property.