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

Abstract

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.