Jurisdictional Challenges of Cybe
Jurisdictional Challenges of Cybe

Summary/Abstract: As a result of the development of technology, the appearance of cybercrime set up new challenges for almost all fields of criminal law. New crimes appear in the criminal substantive law, like information system fraud, or criminal offenses related to non-cash payment instruments. The detection or seizure of electronic evidence can cause difficulties for the criminal procedure law, too (see the appearance of virtual currencies, e.g. bitcoin). According to the starting hypothesis of the study, the traditional principles used in international criminal law are not, or not sufficiently able to give adequate answers to the difficulties created by cybercrime. The research aims to demonstrate and examine the practical and theoretical challenges revealed by cybercrimes. The first part of our research deals with the traditional principles of jurisdiction, and the theoretical and practical problems that can come up in the field of cybercrime. Relating to international cybercrime, positive jurisdictional collisions can be observed frequently, for which we devise suggestions. In the second part of our study, we investigate the difficulties and the institutional regards of the criminal cooperation connected to cybercrime. In the third part, we analyze The Convention on Cybercrime of the Council of Europe, whether if it provides suitable answers for jurisdictional challenges. In the closing part of our study, we summarize the conclusions and devise suggestions.

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