المسؤولية الجنائية للدخول أو البقاء غير المشروع في النظام المعلوماتي: دراسة في القانون الليبي المقارن

Abstract

Illegal access or remaining in the information system is considered one of the most serious crimes that the information system can face , as it serves as an important precursor to most crimes against the information system and the serious damages and risks that may ensue.
The problem of the study was represented in knowing the extent of the effectiveness of the provisions of the Libyan Cybercrime Law No. 5 of 2022 in confronting forms of illegal entry and illegal stay in the information system.
To achieve this, we have adopted the analytical and comparative approach in the study by analyzing the texts of the Libyan Cybercrime Law and comparing them with other legislation in order to identify its weaknesses and try to find appropriate solutions.The study revealed that the Libyan legislator - unlike the Egyptian legislator - limited the criminalization to the act of illegal entry without staying in the information system, despite its danger to the information system and information security, and the Libyan legislator punishes the perpetrator of the crime, whether he is a natural or legal person, with mild penalties, in addition to its omission of stipulating the severity of the penalty in the event of the availability of certain circumstances contrary to the comparative legislation.
We recommend that the Libyan legislator criminalize the act of staying in the information system, expanding the criminal responsibility of the legal person, and impose stricter penalties on both natural and legal persons.