Criminal inspection of portable personal devices in the United Arab of Emirates law
This study discussed the criminal inspection of portable personal devices in the UAE legislation according to the law according to the UAE Criminal Procedures Law No. (35) of 1992 and its amendments, as well as Decree Law No. 5 of 2012 regarding combating cybercrime. The research problem was mainly...
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| Format: | Thesis |
| Language: | English English |
| Published: |
2024
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| Subjects: | |
| Online Access: | https://etd.uum.edu.my/11495/1/Depositpermission_s826804.pdf https://etd.uum.edu.my/11495/2/s826804_01.pdf https://etd.uum.edu.my/11495/ |
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| Summary: | This study discussed the criminal inspection of portable personal devices in the UAE legislation according to the law according to the UAE Criminal Procedures Law No. (35) of 1992 and its amendments, as well as Decree Law No. 5 of 2012 regarding combating cybercrime. The research problem was mainly represented in the absence of UAE procedural legislation that regulates the procedural aspects when committing a cybercrime, especially since there is a complete difference between the inspection in traditional crimes from cybercrime. In other words, the inadequacy of the traditional texts in the UAE Criminal Procedures Law No. 35 of 1992, related to inspection, specifically personal devices inspection. This study aimed to identify the general rules for inspecting personal devices and the authorities concerned with inspecting portable devices—especially inspection procedures when cybercrime occurs. The importance of the study was represented in the statement of the penalty for violating the rules of inspection and control of portable device systems and knowing the legal inspection guarantees in portable device systems. The study adopted a qualitative research method, where the legal approach was used in analysing the articles of laws related to the study, to aim of knowing the practical procedures that are used in the field of inspection of portable devices .The findings of this study showed that the UAE legislature did not regulate the provisions of inspection portable devices in legal articles as other comparative laws did. The study recommended that the UAE legislator adopt what the Egyptian legislature reached regarding the conditions for inspecting and seizing information, devices, computers, and what falls under it, such as mobile phones by adding articles that clarify the conditions, restrictions, and powers by which the phone must be inspected, as well as specifying the time duration in which that inspect must take place. |
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