SACM - Jordan
Permanent URI for this collectionhttps://drepo.sdl.edu.sa/handle/20.500.14154/9658
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Item Restricted The Legislative Punitive Individualization within the Criminal Liability for Cybercrimes: A Comparative Study(Saudi Digital Library, 2025) Alsharari, Nouf; Alotom, MohammedThis study addresses the concept of sentencing individualization in criminal law, as a legislative mechanism aimed at selecting a punishment that suits the offender considering their personal circumstances and those surrounding the crime itself, thereby upholding justice and adhering to the principle of legality and proportionality between crime and penalty. The significance of this concept has increased in response to the rise of cybercrimes, which have posed new legislative challenges and required lawmakers to reconsider the foundations of criminal responsibility and punishment. The researcher used the descriptive analytical approach for this. So, the study focuses on legislative sentencing individualization within cybercrimes in both Jordanian and Saudi legal systems, by analyzing provisions related to mitigating and aggravating circumstances, and their impact on the sentence imposed. The research problem revolves around assessing the extent to which these two legal systems address such circumstances in alignment with modern penal philosophy, and whether this treatment achieves genuine individualization consistent with the principles of justice, deterrence, and rehabilitation. The researcher examines this issue through two main chapters: the first one explores the stance of Jordanian and Saudi legislators regarding criminal circumstances in the context of cybercrimes, while the second chapter investigates the impact of such circumstances on the punishment and criminal proceedings, leading to individualized sentencing. The study reached several conclusions and recommendations, the most important of which are: Criminal circumstances are of paramount importance in the process of individualizing penalties in the scope of cybercrimes. Several recommendations were made, the most important of which was to make legislative amendments, in addition to or modification, to arrive at a clearer and more comprehensive theory of criminal circumstances in the scope of cybercrimes12 0