Journal of Legal Sciences, a semi-annual scientific journal issued by College of Law - University of Baghdad, concerned with the publication of research and legal studies and jurisprudence and summaries in university, as well as the conferences and seminars held by the College of law. The journal first issue was in 1969, and continues so far in the extension of the issuance to all faculties of law in Iraqi universities and government institutions, as well as "the ministries and related institutions. Researchers from inside and outside Iraq publish their legal research in Arabic, English and French in the journal. It has been accredited for the academic promotion of university professors and has been given the standard classification since 2008. It has identifier number in the Iraqi Book and Documentation House (675) for the year 1998. The Journal published in two volumes each year, as well as on the number of research papers of the teaching staff with postgraduate students, and the special preparation of the researches of the legal conferences held by the College of Law - Baghdad University.
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The Legal Effects of Contractual Imbalance Resulting from Hardship: An Analytical Study under Article 1195 of the Amended French Civil Code
Contracts, in general, must be executed in accordance with their provisions, obligating both parties to fulfill their commitments as stipulated. However, unforeseen circumstances may arise during the execution of a contract, rendering its performance burdensome and thereby affecting the contractual balance that existed at the time of its conclusion. Generally, legal systems include provisions within their civil laws to address such burdens and the resulting economic imbalance. While the principles addressing these situations are consistent across laws, the differences lie in the remedies and means of restoring economic balance, whether through modification or termination. Article 1195 of the amended French Civil Code establishes a rule for unforeseen and extraordinary circumstances causing hardship to one of the contracting parties. This provision moves away from the partial solutions previously offered by the French Court of Cassation in its various rulings and ends the legal uncertainty among scholars regarding the impact of unforeseen circumstances. It also bridges the gap between French law and its counterparts concerning the recognition of the theory of hardship.
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Third Party Involvement in Verifying the Content of the Contract
In some contracts, such as disposal contracts concluded by the legal or judicial representative of a minor, or sports contracts for professional athletes, or consumption contracts, the legislator grants others the authority to interfere with third parties in verifying their content by requiring approval or the possibility of challenging it after its completion. This study attempted to explain the idea of consent, its legal nature, the legal mechanisms through which the content of the contract can be challenged, and the parties that have the right to do so. It used the analytical approach and the method of comparative study with French law to benefit from its legislative and judicial provisions.
Complementary Protection of Environmental Refugees within the Framework of International Human Rights Law
Human societies face increasing challenges due to the negative consequences of climate change, which have far-reaching health, economic, and social impacts. In this context, millions of people are at risk of becoming homeless, either as refugees outside their home countries or internally displaced persons within them, due to these consequences. Despite the growing recognition and emphasis on the link between environmental changes and human migration, this group continues to suffer from a lack of legal recognition, which poses significant challenges in protecting their fundamental rights that are threatened by environmental factors. Reliance is placed on the complementary protection afforded by international human rights law to protect environmental refugees, in the face of continued non-recognition by the international community.
Financial Rumors in the Context of Monetary Crimes
Rumor is a strange mixture of reality and imagination. It is difficult to identify the realistic elements and separate them from the fictional aspects, or they are devoid of any truth. Financial rumors play a major role in the reality of Iraqi society. Indeed, the Iraqi citizen is more vulnerable to what is rumored than what is announced, broadcast, or what people transmit among themselves. This is the reality of Iraqi society. Financial rumors aim to create a state of monetary instability and the spread of anxiety, fear, and hesitation, trying to create a state of Ambiguity over the decisions and instructions regarding the regulation of currency and the movement of capital within the country undermines confidence in the national currency with the aim of weakening it and creating an unreal impression of the strength of foreign exchange, which creates a state of instability in its price and speculation within the markets, which disrupts the internal economic situation, which reflects negatively on the reality of monetary policy. In particular and economic policy in general. The purpose of this research is to study the impact of misleading financial rumors on currency and the extent to which these rumors contribute to bringing about changes in the structure of economic society and the formation of monetary crimes. Financial rumors are many and their sabotage goal is dangerous because they relate to the daily and necessary needs of citizens in general and those dealing in the financial and monetary market in particular.
The oversight exercised by the Court of Cassation over the trial judge includes the review of both the legal and factual assessments made by the judge. In both types of assessments, the Court of Cassation's control is not absolute. While the general rule is that the Court of Cassation does not intervene in the factual assessment, except in exceptional circumstances, it can be stated that the general rule is for the Court to exercise control over legal assessments, with exceptions where this control is not applied. The situations in which the Court does not exercise control over legal assessments can be referred to as the limitations or constraints on the legal oversight carried out by the Court of Cassation. To address an error in law, it is necessary for the appellant to meet the requirements of standing and interest in the case. If either of these criteria is absent, the case cannot be considered, even if there is a legal error. Furthermore, the Court of Cassation must ensure not to harm the appellant when the appeal is filed by the appellant alone, without a counter-appeal. The Court cannot worsen the appellant's position after they sought to improve it by filing the appeal. The Court is also bound by the grounds of the appeal, and new grounds raised for the first time in the appeal, which were not presented before the trial court, are not admissible.
The subject of the research is of great importance as it relates to the issue of regulating the rights and obligations included in the executive legal bond between its two parties represented by Its first party is the state, which is entrusted with the correctional administration and judicial authority that protects rights and freedoms, and its second party is the convict, Just as the state has the right to require punishment of the convict, it has the obligation to guarantee the legal status of the convict and the rights and freedoms it includes, guaranteed by the Constitution and the law, The convict is obligated to submit completely in accordance with the provisions of the law to implement the criminal penalty, while retaining all his rights and freedoms that were not deprived of him by the criminal judgment, and which he enjoyed like the rest of the members of society. Ensuring that balance is achieved within the executive legal nexus requires that the party responsible for implementing punitive treatment methods not prejudice the legal status of the convict, Because implementation does not give the correctional administration the right to deprive the convict of his rights and cause him pain, but rather it exercises a role that is radically different from what it aimed to achieve in the previous era of punitive policy, Rather, in light of modern criminal and penal policy, it has become aimed at achieving reform and rehabilitation of the convict, and creating a sense of deterrence represented by the deprivation of part of his freedom and rights required to achieve his social integration with the rest of the members of society, in addition to not neglecting the concept of what criminal justice aims to achieve, Among its most important goals is the feeling of fairness and equality for the victim, his family, and members of society in the face of the law, in order to deter the previous roots that push towards revenge and revenge against the perpetrator.
The Jurisdiction of the Supreme Federal Court in the Authenticity of the Final Results of the Elections and the Separation of the Membership of the House of Representatives
The constitutions and electoral laws in the countries of the world differ in the authority to which the task of adjudicating electoral appeals is entrusted. That the electoral appeal is no more than that his opponents are judicial in the full sense of the word. The stage of approving the election results is one of the critical and pivotal stages in the electoral process, as it has two dimensions: the first is the last stage of the first stage of nomination, election, and vote counting, and the other dimension is represented in being the beginning of the validity of membership for the winning candidate in the elections, and both dimensions entail legal and political consequences.
Court ، the authenticity of the final results of the elections
the membership of the House of Representatives
Disadvantages of Using Modern Technologies in the Legal Field
The legal field is currently facing rapid transformations due to the integration of modern technologies into most of its specializations. Despite the efficiency, speed, and accuracy these tools provide in data processing, they pose serious challenges that threaten the fundamental principles of rights and freedoms that various legal systems were established to preserve and protect. Foremost among these rights, which have expanded in the digital sphere, is the right to digital privacy. This is due to the use of vast amounts of personal and professional information, which exposes it to the risk of hacking or misuse. The right to equality and non-discrimination in algorithms has emerged as a result of algorithms relying on historical data or biased information, which may lead to unfair or biased results. Therefore, these challenges require the establishment of strict legal and regulatory frameworks that balance the benefits of modern technologies with the protection of the fundamental rights of individuals.
Antiquities a Contract Insurance Athlete
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Restrictions on the Judge's Authority to Supervise the Application of the Principles Governing the Contractual Criminal Authority of the Administration in Comparative and Iraqi Law
This study aims to shed light on the constraints imposed on a judge’s authority when exercising judicial review of the administration’s adherence to its governing principles, specifically in the context of imposing administrative sanctions on its contractors. The research classifies these constraints into two main types: Formal Constraints: Arising either from the nature of certain administrative contracts or from the legal basis on which they rest, such as mandatory legislative provisions or explicit contractual clauses contained within the contract’s terms. Substantive Constraints: Consisting of a set of rules governing the legitimacy of a sanction, including: the prohibition on infringing personal liberty or other fundamental rights without legal authority; the ban on imposing multiple sanctions for the same violation in order to uphold the principle of single sanction; and the consideration of exceptional circumstances—such as emergencies, force majeure, or mutual error by both the administration and the contractor—that may limit the legitimacy of imposing a sanction. The importance of these constraints lies in their role as essential exceptions to both the administration’s discretionary power and the scope of judicial review, requiring a precise understanding of the balance needed between protecting the public interest and safeguarding contractors’ rights.
The Monetary Gold Principle under the Jurisdiction of the International Court of Justice
The principle of discretionary gold is a procedural legal base established through the judicial practice of the International Court of Justice, as it has been applied outside the International Court of Justice before other international courts, according to which the courts are prohibited from deciding the case brought before them if there is an indispensable third party because his interests are fundamentally affected With the decision that will be issued by the court, as the principle of monetary gold protects third parties who did not appear before the court, and several foundations have been put forward to justify the principle of monetary gold. The principle within the judicial practice of the International Court of Justice in this topic.
The State Council's Jurisdiction to Develop the Disciplinary System
The special nature enjoyed by the rules of administrative law represented by the historical circumstances of its inception and the multiplicity of areas of administrative activity and its characterization as a rapidly developing law that exceeds the normal development in other laws, especially the laws of public service due to the development of administrative activity, had to be reflected in the laws governing the relationship between the employee and the state, including the Law on the Discipline of State and Public Sector Employees No. (14) of 1991 amended by Law No. (5) of 2008 , and that its amendment in 2008 by introducing some simple amendments does not live up to the level of development of the activity of the administration and the direction of the constitutional legislator in accordance with the Constitution of Iraq for the year 2005, in addition to the fact that the legal rules related to the discipline of employees are inevitably marred by deficiency as a humanitarian work is not characterized by perfection and its generality, especially with regard to procedures and guarantees of administrative investigation and disciplinary violations, opening the door to a developmental role played by the State Council.
The Legal and Judicial Basis for the Positive Role of the Criminal Court Judge in Completing the Missing Evidences
Each opponent in the case competes to present evidence that supports his claim, with the aim of convincing the criminal judge of his right to what he claims. The criminal judge examines and scrutinizes those facts and decides the dispute in light of the factual elements presented to him in that case. However, sometimes he does not find in the case file enough to clarify the doubts in his mind about the veracity of the incident presented before him The evidence contained therein is not sufficient in itself to convince the criminal judge of the validity of the evidence, so he orders an investigation that he deems necessary to enlighten his belief and to ease his conscience. The incomplete evidence requires intervention by the criminal judge to complete it, and therefore it is not permissible to rely on it alone by the trial court to take it as a reason for ruling a conviction Which makes its role in proof left to the trial court in light of the other evidence presented to it (such as testimony and evidence) that enhances its emotional conviction. This study addresses the legal and judicial basis for the positive role of the criminal judge in completing incomplete evidence, with a focus on the legislation that addressed incomplete evidence and how to deal with it, as the majority of countries did not discuss incomplete evidence clearly, but judicial applications have referred, even directly, to this type of evidence and how to deal with incomplete evidence. The research analyzes case studies of the formation of a criminal judge's conviction through incomplete evidence, because incomplete evidence does not have the same evidentiary strength as complete evidence, so it requires the judge's intervention to complete it.
Compensation for Damages Resulting from Remote Healthcare Services
The harms of remote health care services constitute another aspect and a new chapter of medical liability in its successive developments. These damages often result from smart or automated remote health services. This study comes to shed light on the mechanism for compensating damages from remote health care services and the necessity of covering them. By highlighting the concept of telehealth services, its controls, and explaining the most prominent applications of these damages, as well as addressing the idea of compensating for them. This is done by clarifying the basis of compensation and the criteria for its assessment, in addition to its scope and forms, to ensure comprehensive and fair reparation for the damage. The study concluded several results, the most prominent of which are: the specificity of the damages caused by telehealth services, their difference from traditional medical damages, as well as the inadequacy of traditional compensation rules to cover new medical damages. In addition to the urgent need to review the current compensation systems and adapt them in a way that allows for coverage and compensation of emerging damages for telehealth services. This is what prompted us to include some recommendations, the most important of which are: the necessity of reviewing and qualifying the legal texts regulating the provisions of compensation and civil liability in general, in addition to filling the legislative shortcomings of the Medical Liability Law of 2016, in a way that allows the damages of telehealth services to be absorbed and covered.
Disciplinary Responsibility of the Legal Translator in UAE Legislation Analytical Study
This research on the disciplinary responsibility of legal translators under UAE legislation addresses the legal and ethical aspects that govern the work of translators in legal fields. The study begins by defining the legal translator as a specialist in translating legal documents and judicial texts, requiring the qualifications necessary to understand legal terminology. The research also reviews the applicable laws and regulations in the UAE that regulate the work of translators, such as the Translator Law and regulations concerning public employees. The research distinguishes between disciplinary responsibility (internal) and legal responsibility (external). The former pertains to violations related to professional ethics or conduct, while the latter concerns legal infractions. The study analyzes various types of violations that legal translators may commit, such as errors in translation, misjudgments, and the unauthorized disclosure of confidential information. The research further explains the procedures followed in addressing allegations against translators, starting with investigations and extending to potential sanctions, such as suspension or removal from the list of certified translators. Finally, the research offers recommendations for improving the disciplinary responsibility system, such as the need for enhanced training and professional development for translators, as well as the development of mechanisms to monitor quality assurance.
Translator’s role in criminal proceedings
Equal treatment of parties before the court
Civil Protection Limitations for the Architectural Designer and its Effects
The Architectural Designer, in the process of producing architectural works, needs civil protection, so that he can be creative and produce functional and aesthetic works that interact with the spatial environment. Consequently, we can find a design that meets the technical, human, and aesthetic requirements. Therefore, the UAE Federal Law No. 38 of 2021 on Copyrights and Related Rights is the most appropriate to regulate and protect this architectural art, in addition to the provisions of the UAE Civil Transactions Law No. (5) of 1985. Whenever there is an infringement on the architectural work, it is necessary to resort to the civil protection means. The study aimed to identify the civil protection of the Architectural Designer in terms of place and time, the mechanisms for protecting architectural works from infringement, and to identify the elements and effects of the civil liability lawsuit for any infringement on the rights of the Architectural Designer. The study concluded with a number of results, the most prominent of which are: The seizure of the architectural work refers to the financial right, as it is not permissible to seize the moral right. We noted that the special nature of the seizure of buildings prevents the possibility of seizing them. The study concluded with several recommendations, including: We recommend that the UAE legislator provide protection for buildings that include architectural works, in order to protect the rights of the Architectural Designer from infringement, while allowing others to view architectural works embodied in buildings and take pictures if these buildings are located in public places.
Cybersecurity Horizons: Navigating Challenges in the Space Tourism Industry
The last decade witnessed a dynamic revival in human space exploration, propelled by burgeoning private sector involvement headed by companies like Virgin Galactic, Blue Origin, and SpaceX, catalyzing a global drive toward interstellar colonization aspirations and fostering collaborative efforts between nations and individuals evident in initiatives such as NASA’s Artemis program, China’s Tiangong program, and Russia and India’s aspirations for independent space stations, which extends humanity’s reach into the vast expanse of space beyond Earth’s immediate celestial neighbors. This paper explores the under-addressed but critical domain of cybersecurity challenges in the rapidly advancing space tourism industry. It explains the potential threats posed by cyber-attacks to human spaceflights, specifically in the private sector, including the human factor, social engineering, and technical vulnerabilities. Furthermore, it draws attention to historical incidents in space exploration alongside its sensitive infrastructure. It emphasizes the pressing need for robust cybersecurity strategies to safeguard space tourism missions' security, safety, and integrity. It underscores the importance of collaborative efforts, including international cooperation, continuous monitoring, and enhanced crew training, and developing a comprehensive legal framework. The paper argues that by addressing these challenges proactively and collaboratively, the space tourism industry can demonstrate resilience against evolving cyber threats and improve passenger safety, trust, and accessibility of this nascent but promising sector.
The Impact of the Electoral System on the Performance of the Legislative Authority
This research deals with the relationship between the electoral system" used in the country and its impact on the efficiency and effectiveness of the legislative authority. Explain how the electoral system affects the quality of representation in Parliament and the legislative and oversight performance of the Representative Council. The research aims to analyze the types of electoral systems and evaluate their impact on the efficiency of the legislative authority. In this study, we followed the descriptive and comparative approach. The research included the main topics represented by the theoretical framework of electoral systems and their types, the most common of which are the majority system and the proportional representation system’s. W, with a statement of the expected results of these systems in terms of their impact on the legislative authority.
This research addresses the concept of electronic notification, its characteristics, and the electronic means used in its implementation, including what are the means and the conditions for their use. It also clarifies the nature of the judicial paper subject to notification, its characteristics, and the legal validity of electronic notification in terms of the conditions for acquiring such validity and verifying its accuracy. Comparative legislation has varied in adopting electronic notification; some, like Jordanian and French legislation, have embraced it comprehensively and extensively, while others, such as Egyptian and Iraqi legislation, have adopted it in a more limited scope. The researcher concluded with several findings and recommendations, the most important of which are: the significance of utilizing electronic means in judicial notification due to their speed, efficiency, and cost-effectiveness; the necessity of regulating this process through specific legislation aligned with its nature and intended purpose; and the need to provide sufficient safeguards to ensure the provision of accurate and reliable official information and data, guaranteeing the proper use of these means and the successful delivery of the notification document to the intended recipient, "The researchers also recommend that the Iraqi legislator issue a law regulating the provisions of this notification and benefit from the experiences of other countries, especially neighboring ones.
Criminalization of the IVF Disposal Procedure for Surplus Embryos a Comparative Study
This study aims to shed light on the criminal classification of the procedure for disposing of surplus embryos resulting from in vitro fertilization (IVF), in accordance with various legal frameworks, with a particular focus on UAE Law No. 17 of 2023 on Medical Assistance in Reproduction. The study examines two types of surplus embryos: those inside the uterus, which are selectively reduced through abortion, and those outside the uterus, which are left without medical care until they deteriorate. The study employs a descriptive-analytical approach to examine the legal texts, alongside a comparative approach to explore the perspectives of Islamic law and different legal systems. The findings indicate that the UAE legislator has not explicitly defined the legal framework for embryo reduction inside the uterus, despite its practical application, leaving a legislative gap that may impact the protection of both embryos and mothers.
The Specificity of the Provisions of Punishment in Cybercrime of State Security in UAE Legislation
The research dealt with the specificity of the provisions of punishment in state security information crimes in the UAE legislation, highlighting the most prominent penalties stipulated by the UAE legislator in Federal Decree-Law No. (34) Of 2021 regarding rumors and cybercrimes, where the problem of the study revolves around the adequacy of the penalties stipulated by the UAE legislator in reducing state security information crimes. The importance of the research from a scientific point of view is that it is specialized research to study the privacy feature in state security information crimes, especially since the UAE legislator stipulated many provisions for punishment for these crimes, and the UAE legislator has a special policy for punitive individualization of these crimes, different from punitive individualization in the Federal Crimes and Penal Code, meaning that the research specializes in these penalties without delving into the general context of the provisions of penalties in state security crimes, and the research is considered one of the first Legal research on showing, clarifying and identifying the elements of privacy in the provisions of punishment for state security information crimes, as it benefits a group of jurists, lawyers and law students Due to the seriousness of state security cybercrimes, the UAE legislator has singled them out with special rules for punishment, especially in Federal Decree-Law No. (34) of 2021 on combating rumors and cybercrime, and therefore the UAE legislator did not make the rules of punishment for these crimes uniform in terms of aggravating circumstances and mitigating circumstances, nor did it provide special provisions for exemption with regard to information state security crimes, and therefore the research problem revolves around the following question: How adequate, are the punishment provisions for state security cybercrimes sufficient to achieve privacy to punish these crimes? One of the most prominent results of the study is that the penalties and measures mentioned by the UAE legislator in its legislative policy in combating state information security crimes are sufficient in themselves to reduce these crimes, and one of the recommendations of the study is the need for the UAE legislator to tighten some penalties for these crimes.
Aggravating and Mitigating Circumstances and Exemption from Punishment.
The Authority of the Public Prosecution in UAE Legislation to Conduct Investigations within the Framework of International Judicial Cooperation
This study aimed to clarify and detail the nature of the powers and jurisdiction of the Public Prosecution Authority in conducting investigative procedures within the framework of international judicial cooperation to combat organized crime. The jurisdiction and authority of the Public Prosecution extend beyond national borders, taking on an international dimension through collaboration with judicial authorities in other countries to confront transnational crimes and ensure that perpetrators do not evade justice for their criminal activities. In this regard, the Public Prosecution exercises its power to investigate perpetrators of organized crime based on its original and inherent jurisdiction throughout all stages of criminal proceedings. These powers are affirmed by national legislation—such as the UAE Criminal Procedure Law and the Law on International Judicial Cooperation in Criminal Matters—as well as international instruments, most notably the United Nations Convention against Transnational Organized Crime. This affirms the Public Prosecution’s capacity to follow up on legal assistance requests related to investigation and inquiry procedures within international cooperation. It further necessitates explicitly confirming the authority of the Public Prosecution to initiate investigative actions linked to international legal assistance, and granting it the exclusive right to receive and assess investigation requests without the involvement of any intermediary judicial authority—thus saving time and effort and enabling prompt action.
Mechanisms for Combating Organized Crime
The Right to Express Opinion through Writing and Publishing in the Kuwaiti Constitution
The definition of "freedom" cannot be abstract; its value is determined by its connection to public and private, individual, and societal behaviors, whether social or political in nature. In our discussion, we will focus on freedom of expression in writing and publishing, and the various means and methods associated with this issue. Legislators are largely influenced by ethical philosophy when formulating laws governing society, particularly concerning freedom of expression, which is fundamental to democratic societies and requires legal and practical guarantees to be exercised freely. Through these guarantees, "freedom of expression" becomes a means to counter despotism and a form of oversight over the actions of authorities and governments. Thus, freedom of expression is essential to any state system and a significant achievement for advanced societies and respected governments. Among the most crucial freedoms for preserving human rights and achieving democratic order is enabling "freedom of the press" as the fourth authority in the state. Therefore, the Kuwaiti constitution and international charters on freedoms, such as freedom of belief, education, opinion, scientific research, assembly, and association, play a vital role. The Kuwaiti constitution is credited with guaranteeing economic and social rights and the freedom of expression through writing and publishing as a means to build and activate the democratic system. However, democracy is not possible without the sovereignty of the constitution as the basis for the nation's sovereignty. Hence, it does not evolve and solidify without scrutiny of the constitutionality of laws, leading to the need for judicial review of laws' constitutionality. From this perspective, democracy is a general legal need and a specific social necessity because it directly affects individual freedoms and results from pure ideas and significant popular, social, and political efforts. The Kuwaiti constitution is credited with preserving the economic and social rights of individuals and freedom of opinion through writing and publishing, as one of the means of building and activating the democratic system. In the research, we will discuss the foundations, rights, and types of intellectual freedoms guaranteed by the constitution, their relationship to the democratic system, and their impact on the right to express opinion through writing and publishing.
Legal Requirements for the Protection of Layout Designs of Integrated Circuits
The accelerating pace of modern technological development poses an ongoing challenge for legislators in safeguarding the rights arising from technical innovations. Among the most prominent of these innovations are the layout designs of integrated circuits, which constitute a fundamental component in the production of sophisticated electronic devices. The significance of protecting such designs lies in their origin as outcomes of intricate intellectual efforts and high-cost engineering processes, rendering any infringement a serious breach of sensitive intellectual property rights. Federal Law No. 11 of 2021 in the United Arab Emirates provides a coherent and structured legal framework for the protection of these designs by defining the procedures for registration, the duration of protection, the substantive conditions required to obtain legal rights, and the penalties applicable in cases of infringement. The law also demonstrates a clear commitment to balancing the encouragement of innovation with the safeguarding of third-party rights, through its adherence to internationally recognized standards. This legal structure is intended to foster a secure environment conducive to investment in advanced technologies, thereby enhancing the UAE’s position in the global knowledge-based economy. Nonetheless, there remains a pressing need for the periodic revision of relevant legislation to ensure its responsiveness to the evolving technological landscape and the practical challenges associated with its implementation in this critical field.
The Crimes of Insult and Defamation in Cyberspace under Qatari and Emirati Legislation
This research addresses the crimes of defamation and libel in cyberspace through an analytical study and comparison between Qatari and Emirati legislation. It explains the nature and scope of the crimes of defamation and libel, stating that they do not differ significantly from traditional crimes. They are considered complaints crimes, in which filing a criminal case depends on filing a complaint. It also examines the procedural and substantive provisions of the crimes, the elements of the crime, the penalties prescribed for them, and their adequacy. It also highlights the need to increase the penalties for the crimes of defamation and libel in cyberspace, given their widespread prevalence, particularly on social media, and the laxity of individuals in this regard. It is also necessary to amend the provisions of the UAE Penal Code, specifically the section on complaints. The UAE legislature has stipulated a partially lengthy statute of limitations of three months. Therefore, we recommend that the legislature reduce this period and follow the Qatari legislature's approach, setting the statute of limitations for complaints at 30 days. Through this, we have reached several conclusions and recommendations.