Criminal Liability for Incomplete Cybercrime ‘Attempted Crime’ in Jordanian Law

Mohamad Alshible1&Mohammad AL-SALAMAT2

Abstract
In certain cases, criminal acts may not culminate in the intended result, thus
halting at the stage of the act itself, whether that act is completed or not. This legal
concept is commonly referred to as the initiation or attempted commission of a
crime. Lawmakers often delineate provisions specifying penalties for such
incomplete crimes within conventional legal frameworks. However, the situation
becomes considerably intricate regarding cybercrimes, as their nature differs from
other offenses due to the intricacies of identifying the constituent elements within
cyberspace. Another significant difficulty arises from the ambiguity in certain
legislative frameworks, as is the case with Jordanian law, which leaves the treatment
of incomplete crimes to general legal provisions, consequently engendering
potential ambiguities and practical application issues. Considering these
complexities, this study offers a comprehensive framework for addressing
incomplete crimes committed in cyberspace. Nevertheless, the most optimal course
of action involves the development of unequivocal legal statutes that align
seamlessly with the foundational principles of criminal law and its core theories.

Keywords: Criminal law, cybercrime, incomplete cybercrime, individualization of penalty.