المسؤولية الجنائية عن التنصت عبر الشبكة المعلوماتية وأجهزة الحاسب الآلي في النظام السعودي

Abstract

The study aims to examine the legal basis of criminal liability arising from the offense of eavesdropping through the internet or a computer device under the Saudi Anti-Cybercrime Law. This research adopts an analytical approach to the relevant statutory provisions by identifying the constitutive elements of this offense, determining its possible forms of commission, and explaining its legal consequences.
The findings indicate that eavesdropping represents one of the most serious violations of digital privacy and is based on three essential pillars: the statutory provision criminalizing the act, the conduct consisting of eavesdropping, interception, or acquisition without legal authorization, and the criminal intent reflected in the offender’s awareness of the illegality of such conduct. The study further concludes that the offense may occur by way of attempt or participation, and that the prescribed penalties include imprisonment and fines, with aggravated penalties in cases involving public officials or organized collective action. The study recommends reviewing the upper limits of penalties to reflect the varying degrees of gravity associated with the different forms of the offense, adopting preventive technical measures to mitigate its occurrence, and expanding legal awareness initiatives to protect informational privacy and reinforce trust in the digital environment.