Electronic blackmail crime Protection problem Objectivity and proceduralism of Yemeni Legislation

Abstract

The study sought to learn about the Yemeni legislator’s regulation of the cyber blackmail crimes in substantive and procedural aspects, in light of its increasing perpetration and risks to the victims and their families. It concluded that the crime had not been fully regulated, as seen in recent jurisprudence and regulated by comparative legislation such as the Sawadi and UAE's, as Yemen's criminal legislation has become obsolete. The study showed the contradiction of the legislator in dealing with the offence, on the part of traditional extortion systems as a grave offence against funds that are complete as the blackmailer extorts money or takes legal basis, and he felt silent on the means used and, on the other hand, classified the offences committed by the cyber means as non-serious offences. Unlike as the modern jurisprudence which was classified as an offence against persons that occurs by mere threat and psychological harm to the victim. It is therefore, the legislator's responsibility to eliminate inconsistency, correct wrongdoing and update criminal legislation in parallel to the novelty of this crime and the evolution of its means. In addition, there are procedural deficiencies in the investigation of cases of cyber blackmail cases and evidence. Although the means of proof were traditionally established in the criminal legislation, there was legislative leeway for the use of digital security experts and the use of inspection and unloading of devices and monitoring the blackmailer's cyber data to protect the victim and society.