The information and communications revolution led to the emergence of the crime of electronic fraud, which brought about radical and qualitative changes in various aspects of economic, political and legal life. Most of the legislations resorted to enacting laws and legislations that work to combat and confront the crime of electronic fraud,
Reasons for the difficulty of proof in the crime of electronic fraud:
  1. Difficulty accessing and maintaining digital evidence.
  2. Legislative shortcomings in defining the concept of the crime of electronic fraud.
  3. Inadequate international cooperation in combating information crimes, including electronic fraud.

 

First: Defining the crime of electronic fraud:

The crime of electronic fraud is defined as the intentional manipulation of information and data that represent material values ​​stored by the computer system, or the unauthorized entry of correct information and data, or manipulation of orders and instructions during the programming process, or any other means that would affect the computer so that it performs its operations based on these orders. Or statements or instructions in order to obtain illegal profit and cause harm to others.

 

Second: Features of the electronic fraud crime:

  1. The computer is a tool for committing the crime of electronic fraud.
  2.     The crime of electronic fraud is committed over the Internet.
  3.     A difficult crime to discover and prove.
  4.     An attractive crime for criminals in terms of the ease of destroying forensic evidence.
  5.     The perpetrator of the crime of electronic fraud is a person with superior computer experience.
  6.     A crime that transcends borders and geographical dimensions.

Third: Electronic Fraud Means:

The crime of electronic fraud focuses on the use of fraudulent methods, which are as follows:
  1.     Input manipulation.
  2.     Software manipulation.
  3.     Manipulation of the data being transmitted remotely.
  4.     Using an incorrect code to access a paid system.

Fourth: Reasons for the Difficulty of Proving in the Crime of Electronic Fraud:

  1. Difficulty accessing and maintaining digital evidence.
  2.     Legislative shortcomings in defining the concept of the crime of electronic fraud.
  3.     Inadequate international cooperation in combating information crimes, including electronic fraud.
  4.     The lack of expertise and know-how of the agencies working in the field of combating cybercrime, including the crime of electronic fraud (the judicial police represented by the Cybercrime Unit in the Palestinian Police Service, the Cybercrime Prosecution, judges, and human rights institutions).

 

Fifth: Elements of the electronic fraud crime:

The crime of electronic fraud, like other crimes, requires the meeting of the three general pillars of the crime, which are the material pillar, the moral pillar and the legal pillar. The pillars of the electronic fraud crime are as follows:

Section one: The material element of the electronic fraud crime:

The criminal behavior of the crime of electronic fraud consists of the offender using fraudulent methods through the use of a false name or capacity in order to achieve the purpose that the offender seeks, which is to persuade the victim, and to achieve the criminal result, which is represented in the victim handing over the money to the offender, and in the event that the result is not achieved The crime we are facing the initiation of the crime of electronic fraud, which is punishable by a special provision in the decision by law on Palestinian electronic crimes, and the element of surrender in the crime of electronic fraud is the most important thing that distinguishes this crime from other crimes, for example, theft in which the money of the victim is embezzled and against However, in the crime of electronic fraud, surrender is to the will of the victim and the one who fell into the fraud set up by the offender.

 

Subsection Two: The Moral Element in the Crime of Electronic Fraud:

Where it is required in the crime of electronic fraud to prove the existence of the moral element, which is represented by its elements “knowledge and will”, as the moral element in the crime of electronic fraud requires the offender’s knowledge of the elements of the crime committed and his knowledge is that the computer that is being hacked or the account that is being accessed illegally He does not have it, or that the money that he seizes is money that he does not have, but rather it is stolen money, or that the data that he obtained by hacking or hacking is illegal entry,
Or that the act he performs is a criminal act, and the science in the crime of electronic fraud is assumed science as according to the general legal rule “no one may excuse ignorance of the provisions of the law”, and that for the occurrence of the moral element, the will of the offender must be directed to bring about the criminal result, Most criminal legislation has ruled that the crime of electronic fraud has a special criminal intent, which is the intention of the fraudulent offender to acquire and seize the money subject of the crime and his absolute ownership.