Publication Details
Issue: Vol 70, No (2026)
ISSN: 2544-980X
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Abstract

This research focuses on cybercrime and its development as a relevant phenomenon of modern technological change and the challenges it has posed in terms of the boundaries of criminal legal intervention. It concerns the weaknesses in the legislation created by the increase and acceleration of digital criminal activities, which is contrasted by the slowness of the legislative process and the inertia of the old legal regulations, with the limitations of the principle of legality to judicial interpretation. Through an analytical approach, the study explains the meaning of cybercrime and its nature, the signs and conditions of the lack of legislation, and the shortcomings in criminalization, evidence, and jurisdiction, considering the modern trends in legislation and cross-border cooperation in the fight against the transnational crimes. It also addresses the effects of legislative ambiguity on the deterrence effect and on the guarantees of a fair trial particularly in the context of digital evidence and the process of collecting and preserving it. The conclusion recommends modification of substantive and procedural texts in a dynamic, and regular fashion, adoption of accurate definition of digital acts, and enhancement of cooperation and exchange of evidence mechanisms and therefore, providing effective criminal protection without infringing constitutional guarantees, rights, and freedoms. The study suggests self-empowerment of the technical abilities of investigative and judicial authorities to achieve the proper implementation.

Keywords
Legislative Gap Legislative Response Principle of Criminal Legality Digital Evidence International Cooperation