The substantive provisions of the crime of electronic extortion in libyan criminal law

Abstract

This research examines the substantive provisions of the crime of electronic extortion under Libyan criminal law, through a comprehensive study of its nature, elements, and prescribed penalties. The research focuses on analyzing the legal texts contained in the Libyan Penal Code, specifically Articles 429 and 430, which constitute the sole legal basis for criminalizing this offense in the absence of specialized provisions in the Law to Combat Cybercrime. The research discusses the three elements of the crime: the legal element (principle of legality), the material element (criminal conduct consisting of threats and coercion), and the mental element (criminal intent). The research also addresses the penalties prescribed for the crime in its completed form and in cases of attempt, as well as the provisions on criminal participation (principal perpetrator and accomplice). The research concludes by presenting findings and recommendations aimed at improving the legal framework for combating this serious and growing crime, including strengthening penalties, enacting specialized provisions, and developing investigation and proof mechanisms.