The Legal Nature and Penalties for Data Capital Destruction: An Analytical Study in the Jordanian Penal Legislation

Abdallah Majed Alakayleh1, Mohammad Abdul Mohsen bin Treef 2*

https://doi.org/10.62271/pjc.16.4.143.154

Abstract
This research analyzed the legal nature and penalties of data capital destruction. The descriptive analytical approach was used. Moreover, the findings revealed that the Jordanian legislator stressed the penalties imposed for crimes of data destruction. This is applicable whether in the form of deprivation of liberty or a financial penalty, and whether the crime was a misdemeanor or a felony. Furthermore, the legislator resorted to withholding the discretionary authority of the judiciary in choosing between the two penalties. The recommendations stressed that the legislator reconsider Articles 7 and 6 of the Cybercrime Law so that these articles will limit penalty to the crimes actually committed. The principle of technical referral contained in Article 26 of the Cybercrime Law should also be dispensed with.

Keywords: Data Capital, Crimes, Legislator, Information Network, Information System.