Process for protecting human rights from Electronic Blackmail Crime in Iraq

Abstract

The scientific development of technological means has been
accompanied by a development in the crimes committed, as the crime
of electronic blackmail is considered one of the newly emerging
crimes for which no special law has been issued that punishes its
perpetrators. Therefore, in this research, we discussed the effective
mechanisms to protect human rights from this crime and its effects.
When searching among the texts of the Penal Code, we find more than
one legal article that can be applied to the crime of electronic
blackmail. It can be adapted as a crime of threatening, and at other
times it is adapted as a crime of insult and defamation, and at other
times it is adapted as a crime of revealing a secret, and the crime of
electronic blackmail is adapted as one of the crimes. The precedent
depends on the material element of the crime, and through research
into the applied aspect, the researcher found that there are many judicial decisions that punished the crime of electronic blackmail.
Therefore, we had to divide this research into two sections. The first
section included the nature of the crime of electronic blackmail and
came in two requirements. The first requirement was the concept of
the crime of electronic blackmail and the second requirement was the
elements of the crime of electronic blackmail. As for the second
section, we discussed the mechanisms of constitutional and legal
protection for the crime of electronic blackmail, and it was in the
reality of two requirements that included The first requirement is the
elements of the crime of electronic blackmail, and the second
requirement is the constitutional and legal mechanisms for the crime
of electronic blackmail.