Mr. Ahmad Fardeen Bakhtyari

Volume 1 Issue 1 | Dec 2019

DOI: 10.31841/KJL.2021.2

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Abstract

Cybercrimes, unlike other crimes, are crimes that take place in the cyber space. States strive to ensure a safe cyberspace for the users and Afghanistan is no exception. The newly adopted Penal Code is the most comprehensive legislation regulating crimes in Afghanistan and for the first time in history of this country, it covers cybersecurity and cybercrimes. It is vital because the rise of internet as a component of technological advancement has created new opportunities as well as challenges that undermine the safety and security of the cyberspace. This paper analyzes eight acts that are criminalized by the Penal Code of Afghanistan and the elements of these crimes in sufficient detail. It finds out that the legislature has, in many cases, tried to define each crime and lay down its elements. In cases where definition is not included in the Code, focus is shifted to the major elements of crimes. In addition, it is observed that although the Code has laid emphasis on the legal and material elements in certain crimes, such as cyber terrorism and cyber espionage, the mens rea can only be inferred from the context of each crime.