Arab German Journal of Sharia and Law Sciences (AGJSLS)

The Best Interest of Restorative Justice in the Jordanian Juvenile Law

Asmaa Rababah — 2024-12-16

The principle of prioritizing the best interests of juveniles within restorative justice is crucial for their care, rehabilitation, and protection at both family and societal levels. This study examines how the Jordanian Juvenile Law No. 32 of 2014 addresses this principle. Using a descriptive analytical approach, the study explores the nature and characteristics of the best interests of restorative justice, how it is embedded within the law, and the mechanisms for its implementation.
The findings indicate that the best interests of restorative justice are recognized as both a fundamental right and a guiding legal principle in the Jordanian Juvenile Law. This principle informs all judicial procedures and stages of legal proceedings involving juveniles, ensuring that their well-being is prioritized in all actions taken by the relevant authorities. By focusing on protection, rehabilitation, and reintegration, the law favors a reformative approach over traditional punitive measures, offering a framework that benefits both juveniles and society at large.
The study recommends the inclusion of detailed legal provisions to support the application of restorative justice within the Juvenile Law. Additionally, it highlights the importance of codifying specialized programs and activities specific to juvenile justice and enhancing collaboration in developing restorative justice programs. Further research is encouraged to evaluate the effectiveness of these practices and to identify areas for improvement within the juvenile justice system.

Criminal confrontation of digital piracy of bank cards and ways to prevent it in Moroccan legislation

Youness Nafid — 2024-12-16

Cybercrime has evolved in light of the rapid pace of the electronic revolution that has touched all aspects of life. This progress has not been without its drawbacks, as various financial and banking institutions have been affected by the increase in criminal activities that have exploited the rapid pace of e-commerce and the use of bank cards as a tool for monetary transactions. This paper focuses on the digital hacking crimes that have affected bank cards, which is one of the serious forms of electronic hacking that threatens the security of personal data and banking security according to Moroccan legislation and means of prevention.
The study addressed the concepts of cybercrime and digital hacking, and discussed Moroccan legislation related to the offence of bank card hacking, starting with the law on terrorism, Law 03-07 supplementing the Criminal Code and Law 43-20, and legal approaches to this offence. One of the most important findings of the research is that the Moroccan legislator, in order to better protect automated data processing systems, updated its legal arsenal by issuing Law No. 07-03, under which the offence of bank card hacking falls within the scope of the offences of fraudulent access, forgery and information fraud. The problem is manifested in the multiplicity of texts criminalising and punishing this offence and the overlap between them, which makes them all applicable due to their multiple descriptions. Draft Law No. 03. 23, amending and supplementing the Code of Criminal Procedure, addresses many important issues related to this subject.
The study recommends strengthening and updating the legal system in accordance with the latest developments and best practices, considering fair trial guarantees. The study also recommends strengthening the technical preventive role and professional training in the competent authorities and updating it regularly to keep abreast of the latest security threats and address them effectively, develop awareness and education campaigns, and strengthen institutional, regional and international cooperation.

The role of the judiciary in protecting the right to compensation for the risks of scientific and technical development

Nour eddine LKAME — 2024-12-16

The risks of scientific and technical development arise from defects that the state of the product's scientific and technical knowledge did not allow to be discovered at the time the product was put into circulation. This paper discusses the liability for these risks by simplifying the jurisprudential, legislative and judicial content of these risks, and seeks ways and means that can help the judiciary to achieve its noble goals of justice and relief for those affected by these risks.
The issue of liability for the risks of scientific and technical development has sparked a great jurisprudential debate, which has had an impact on many comparative legislations, some of which have excluded all products from the scope of liability for these risks, while others have excluded some specific types, such as medicines and food products. The Moroccan Code of Obligations and Contracts makes the risks of scientific and technical development a reason for exemption from civil liability, which means that those affected by these risks, no matter how serious or minor the damage suffered, are not entitled to any compensation. While this legal position may be justified from a practical and economic standpoint, the principles of justice and fairness do not allow for these affected individuals to remain without compensation. The study recommends that the judiciary should play an important role in achieving justice and redress or at least provide relief in cases in which they are exposed to serious damages resulting from the risks of scientific and technical development; there are precedents issued by the Moroccan judiciary that constitute a starting point towards establishing an effective judicial role in compensating the risks of scientific and technical development. The study also recommends the need to create a national fund within the framework of national solidarity and within the principle of equality before public burdens that aims to provide compensation for these risks.