الفعل المخل بالحياء بطريقة الكترونية دراسة مقارنة

Abstract

In our borderless digital world, indecent acts are no longer confined to behaviors occurring in the physical realm; they have extended to find a new and more complex stage in cyberspace. This study delves into this phenomenon within the Iraqi context, where rapid technological advancement collides with deep-rooted social values and traditional legal frameworks unprepared for such novel crimes. By comparing general penal texts, drafted in an era when the internet was not a reality with modern cybercrime legislation, the study reveals a troubling gap. The old law struggles to adapt to an offense that leaves no physical trace and transcends geographical boundaries at the click of a button, while the new legislation, despite its importance, attempts to keep pace with the evolution of the crime itself. This research aims not only to analyze texts but also to understand how the Iraqi judiciary confronts this challenge and how a balance can be struck between protecting public morality and safeguarding personal freedoms in a virtual world that has become an integral part of our daily lives.