In the digital transformation era we live in today, technology has become an integral part of our daily lives. With the increasing reliance on the internet and electronic applications in various fields, new security and legal challenges have emerged in the form of cybercrime, which now poses a real threat to individuals, institutions, and society as a whole.
Cybercrime in the Kingdom of Saudi Arabia, like other countries around the world, has become a growing phenomenon that requires legal awareness and knowledge of the systems and penalties associated with it. As technology has evolved, so have the methods of committing cybercrimes and their various forms, necessitating a comprehensive legal system to combat them and limit their negative effects.
The Kingdom of Saudi Arabia recognized early on the importance of confronting this type of cybercrime, so it issued the Anti-Cybercrime Law by Royal Decree No. M/17 dated 8/3/1428 AH (March 27, 2007), which aims to reduce the occurrence of cybercrimes by defining these crimes and the penalties prescribed for each.
Here we will review in detail the nature of cybercrimes in the Saudi system, their different types, and the criminal penalties associated with them, while clarifying the legal procedures followed in such cases. We will also highlight the role of “Rahn Law and Legal Consultations Company” in providing specialized legal services in cybercrime cases, and how to protect the rights of individuals and companies in facing these legal challenges.
Whether you are an individual seeking to understand your legal rights and duties in the digital world, a company looking to protect its information assets, or a lawyer wishing to expand your knowledge in this specialized field, this article will provide you with a comprehensive and accurate view of cybercrimes in the Saudi system and their criminal penalties.
The Concept of Cybercrime and Its Definition in the Saudi System
Definition of Cybercrime
The Saudi Anti-Cybercrime Law defined in its first article cybercrime as “any act committed involving the use of computers or information networks in violation of the provisions of this law.” This definition is comprehensive, covering all illegal acts committed using modern technology. Cybercrimes are characterized by features that distinguish them from traditional crimes, as they are transnational crimes that can be committed from anywhere in the world, are often difficult to detect, and evolve with the technology itself, making combating them a continuous challenge that requires constant updating of systems and legislation.
Basic Terminology in the Anti-Cybercrime Law
To better understand cybercrimes, it is important to know some basic terms mentioned in the law:
– Information Network: A connection between more than one computer or information system to obtain and exchange data, such as private and public networks and the global network (Internet).
– Information System: A set of programs and tools designed to process and manage data, including computers.
– Data: Information, commands, messages, sounds, or images that are prepared, or have been previously prepared, for use in computers, and everything that can be stored, processed, transmitted, and created by computers, such as numbers, letters, symbols, etc.
– Unauthorized Access: A person’s intentional entry into a computer, website, information system, or computer network that the person is not authorized to enter.
– Interception: Viewing or obtaining data without a valid legal justification.
Objectives of the Anti-Cybercrime Law
The Anti-Cybercrime Law in the Kingdom of Saudi Arabia aims to achieve several main objectives:
– Helping to achieve information security.
– Preserving rights resulting from the legitimate use of computers and information networks.
– Protecting the public interest, morals, and public ethics.
– Protecting the national economy.
Types of Cybercrimes in the Saudi System and Their Penalties
The Saudi Anti-Cybercrime Law has categorized cybercrimes into several types and specified penalties for each type that are commensurate with the severity of the crime and its impact. The following is a review of the most important types and penalties prescribed for them:
Unauthorized Access and Electronic Fraud Crimes
Article Three of the Anti-Cybercrime Law included a set of acts that fall under this type, including:
Eavesdropping on Correspondence: Eavesdropping, intercepting, or capturing what is sent through the information network or one of the computer devices without a valid legal justification is considered a cybercrime.
Electronic Threats and Blackmail: This includes unauthorized access to threaten or blackmail a person to force them to do or refrain from doing something, even if doing or refraining from doing this act is legitimate.
Unauthorized Access to Websites: Whether for the purpose of changing the designs of these sites, destroying them, modifying them, or occupying their address.
Invasion of Privacy: Through the misuse of mobile phones equipped with cameras, or the like.
Defamation of Others: And causing harm to them through various information technology means.
Prescribed Penalty:
Imprisonment for a period not exceeding one year.
A fine not exceeding five hundred thousand riyals.
Or one of these two penalties.
Crimes Against Money and Banking Data
Article Four of the Anti-Cybercrime Law stipulated a set of acts that represent an attack on money and banking data, including:
Seizing Money: Seizing for oneself or others movable money or a bond, or signing this bond, by using fraud or by taking a false name, or impersonating an incorrect capacity.
Unauthorized Access to Banking Data: Accessing without a valid legal justification banking data, credit data, or data related to ownership of securities to obtain data, information, money, or services they provide.
Prescribed Penalty:
Imprisonment for a period not exceeding three years.
A fine not exceeding two million riyals.
Or one of these two penalties.
Crimes Against Information Networks, Websites, and Data
Article Five of the law addressed acts that constitute an attack on the information network, websites, and data, including:
Obstructing the Information Network: Obstructing access to the information network, disabling it, or disabling one of the computer devices from working.
Disabling Access to Services: Disabling access to services, programs, data sources, or information.
Interfering with Networks: Interfering with networks or stopping them from working.
Destroying Programs and Data: Destroying programs, electronic data, or information, deleting them, leaking them, destroying them, or modifying them.
Prescribed Penalty:
Imprisonment for a period not exceeding four years.
A fine not exceeding three million riyals.
Or one of these two penalties.
Crimes Against Public Order and Religious Values
Article Six of the law specified acts that represent an attack on public order and religious values, including:
Affecting Public Order: Producing, preparing, sending, or storing anything that would affect public order, religious values, public morals, or the sanctity of private life through the information network or one of the computer devices.
Creating Terrorist Websites: Creating a website for terrorist organizations on the information network or one of the computer devices, or publishing it; to facilitate communication with the leaders of these organizations, or any of their members, or to promote their ideas, or to finance them, or to publish how to manufacture incendiary devices, explosives, or any tool used in terrorist acts.
Human Trafficking: Creating or publishing websites for human trafficking, or facilitating dealing with it.
Drug Trafficking: Creating or publishing websites for drug trafficking or psychotropic substances, promoting them or methods of using them, or facilitating dealing with them.
Publishing Pornographic Materials: Creating pornographic materials and information, or gambling activities, or publishing or promoting them.
Prescribed Penalty:
Imprisonment for a period not exceeding five years.
A fine not exceeding three million riyals.
Or one of these two penalties.
Incitement, Assistance, and Agreement to Commit Cybercrimes
Article Seven of the law stipulated that anyone who incites others, assists them, or agrees with them to commit any of the cybercrimes stipulated in this law, shall be punished with a penalty not exceeding the maximum penalty prescribed for it, if the crime occurred based on this incitement, assistance, or agreement.
Attempted Cybercrimes
Article Eight of the law clarified that anyone who attempts to commit any of the cybercrimes stipulated in this law shall be punished with a penalty not exceeding half the maximum penalty prescribed.
Supplementary Penalties and Aggravating Circumstances
Digital Justice in Confronting Cybercrimes
Supplementary Penalties
In addition to the original penalties (imprisonment and fines), the Anti-Cybercrime Law stipulated supplementary penalties that the court may impose, which are:
Confiscation: It is permissible to rule for the confiscation of devices, programs, or means used in committing any of the cybercrimes stipulated in this law, or the money obtained from them. It is also permissible to rule for the closure of the website or the place of service provision permanently or temporarily, whenever it was a source for committing any of these crimes, and the attack was carried out with the knowledge of its owner.
Publication of the Judgment: The court may decide to publish a summary of the conviction judgment at the expense of the convicted person in one or more local newspapers, or in any other appropriate means, according to the gravity of the crime, its impact, and its type, provided that the publication is after the judgment has acquired final status.
Aggravating Circumstances for the Penalty
Article Nine of the law stipulated the intensification of the penalty in certain cases, where the penalties stipulated in this law are doubled if the cybercrime is associated with any of the following cases:
Committing the cybercrime through an organized gang.
The perpetrator holding a public position, and the cybercrime being related to this position, or committing the crime by exploiting his authorities or influence.
Deceiving minors and those in their category, and exploiting them.
Previous local or foreign judgments of conviction against the perpetrator in similar crimes.
Legal Procedures in Cybercrime Cases
Authorities Competent for Investigation and Prosecution
The Public Prosecution (formerly the Bureau of Investigation and Public Prosecution) is responsible for investigating and prosecuting cybercrimes. The Public Prosecution has broad powers in this field, including:
Entering places where computer systems used or suspected of being used in committing any of the cybercrimes stipulated in this law are located, and searching them.
Seizing devices, media, programs, systems, and tools used in committing any of the cybercrimes stipulated in this law.
Seizing related money, papers, and documents.
Competent Court
The Criminal Court is competent to consider all cases arising from the application of the Anti-Cybercrime Law.
Rights of the Accused
The accused in cybercrime cases enjoys all the rights established in the Criminal Procedures Law, including:
The right to seek the assistance of a lawyer to defend them.
The right to know the charges against them.
The right to access the evidence presented against them.
The right to present their defense and evidence.
The right to appeal judgments issued against them according to legal procedures.
The Role of “Rahn Law and Legal Consultations Company” in Cybercrime Cases
“Rahn Law and Legal Consultations Company” plays a pivotal role in dealing with cybercrime cases, by providing specialized legal services including:
Preventive Legal Consultations
“Rahn” company provides preventive legal consultations to individuals and companies to help them avoid violating the Anti-Cybercrime Law, through:
Educating clients about the criminalized acts in the law.
Reviewing companies’ policies and procedures to ensure their compliance with the law.
Providing legal advice on how to handle electronic data and information safely and legally.
Defending the Accused in Cybercrime Cases
The team of lawyers at “Rahn” company has extensive experience in defending the accused in cybercrime cases, through:
Studying and analyzing digital evidence presented in the case.
Preparing effective defense strategies that suit the nature of each case.
Representing the accused before the Public Prosecution and competent courts.
Appealing judgments issued according to legal procedures.
Representing Those Affected by Cybercrimes
“Rahn” company provides comprehensive legal services to those affected by cybercrimes, whether they are individuals or companies, through:
Providing legal advice on how to deal with the damage resulting from the cybercrime.
Preparing and submitting reports and complaints to the competent authorities.
Representing those affected before the Public Prosecution and courts to claim appropriate compensation.
Legal Training and Awareness
“Rahn” company organizes training and awareness programs for individuals and companies about the Anti-Cybercrime Law, including:
Workshops on the legal aspects of dealing with technology.
Training courses for specialists in the field of information technology on the legal aspects of their work.
Publishing specialized legal articles and studies in the field of cybercrimes.
Legal Guidelines for Prevention of Cybercrimes
Protection from Cybercrimes in the Kingdom
For Individuals
Protecting Personal Data: Being careful not to share personal and financial data with any untrusted entity.
Using Protection Programs: Installing antivirus programs and firewalls on personal devices.
Updating Programs: Making sure to continuously update the operating system and programs used.
Awareness of Phishing Risks: Being cautious of suspicious messages and links that may target data theft.
Using Strong Passwords: Choosing complex passwords and changing them periodically.
For Companies and Institutions
Establishing Information Security Policies: Developing clear information security policies and adhering to them.
Training Employees: Organizing training courses for employees on how to safely handle data and information.
Conducting Periodic Risk Assessments: Identifying vulnerabilities in information systems and addressing them.
Keeping Backups: Making sure to keep backups of important data.
Seeking Help from Information Security Experts: Cooperating with specialists in information security to enhance protection.
Future Challenges in Combating Cybercrimes
Evolution of Technologies and Emergence of New Crimes
With the continuous development of modern technologies, new patterns of cybercrimes emerge, requiring continuous updating of systems and legislation to keep pace with these developments. Among the most prominent future challenges:
Artificial Intelligence Crimes: Using artificial intelligence technologies to commit sophisticated cybercrimes.
Digital Currency Crimes: Fraud and scams related to digital currencies and digital assets.
Internet of Things Crimes: Exploiting security vulnerabilities in Internet of Things devices to commit cybercrimes.
International Cooperation in Combating Cybercrimes
Due to the transnational nature of cybercrimes, international cooperation is necessary to combat them effectively. The Kingdom of Saudi Arabia participates in many international agreements and initiatives to combat cybercrimes and works to enhance cooperation with other countries in this field.
Developing National Capabilities in the Field of Cybersecurity
The Kingdom of Saudi Arabia pays great attention to developing national capabilities in the field of cybersecurity, through:
Establishing the National Cybersecurity Authority.
Developing national cybersecurity strategies.
Training and qualifying national cadres in the field of cybersecurity.
Enhancing cooperation between the public and private sectors in the field of cybersecurity.
Towards a Safe Digital Environment Committed to the Law
In conclusion of this article on cybercrimes in the Saudi system and their criminal penalties, the importance of legal awareness of this type of crime, which has become a growing challenge in our digital age, becomes clear. We have reviewed in detail the concept of cybercrimes and their definition in the Saudi system, their different types, the penalties prescribed for each type, in addition to the legal procedures followed in these cases.
The Anti-Cybercrime Law in the Kingdom of Saudi Arabia is one of the advanced systems that keeps pace with technological developments and seeks to limit the negative effects of cybercrimes. However, prevention of these crimes starts with awareness and knowledge, whether at the level of individuals or institutions.
In light of the continuous development of modern technologies and the emergence of new patterns of cybercrimes, the importance of continuous updating of systems and legislation, enhancing international cooperation in combating these crimes, and developing national capabilities in the field of cybersecurity becomes prominent.
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• Email: [info@rhn-group.net]
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“Rahn Law and Legal Consultations Company” – With you towards a safe and fair digital environment.
