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Register a new userPenal protection of computer programs and information from damage ((In the Syrian legislation))
الحماية الجزائية لبرامج الحاسب الآلي و المعلومات من الإتلاف "في التشريع السوري"
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تعد الحقوق الناتجة عن تصميم برامج الحاسب الآلي و انتاجها من ضمن الحقوق التي تتولى قوانين الملكية الفكرية تنظيمها و حمايتها إلى جانب التشريعات الخاصة بتلك البرامج و حمايتها، و بالتالي فإن الاعتداء على تلك البرامج يشكل خطرا يهدد تلك الحقوق التي بذل أصحابها عصارة جهدهم و تفكيرهم للوصول إليها و افادة المجتمعات منها. و تعد جريمة إتلاف البرامج و المعلومات جريمة معلوماتية من طائفة تلك الجرائم و الاعتدءات الخطيرة الواقعة بشكل أساسي على الأمواج المعلوماتية، إلا الأمر مختلف في جرم الإتلاف، إذ لا يستهدف مرتكبيها من خلال ارتكابها الإثراء على حساب الغير، و لا الحصول على برامج الغير بطرق غير مشروعة، بل يستهدف فقط إلحاق الضرر و التدمير و التخريب بالممتلكات المعلوماتية للغير دون أي إثراء.
Intellectual property laws regulate and protect the rights arising from the design of computer programs and its production along with its special legislation. Thus, the attack on these programs pose a threat to those rights, which its owners did their best to produce and benefit their communities. The crime of damaging programs and information is an IT crime considered as a serious attacks mainly on information property. However it's different in the case of damaging crime, as it is not aimed at the enrichment at the expense of others, nor get the programs of others illegally, but targets only damage, destruction and vandalism to others property information without any enrichment.
References used
HANDCASTLE, A and TOTTY, R, Computer related Crime, 1986, Edwards (Chris) & Savage (Nigel) (eds), in Information Technology and the Law, Macmillan Publishers, p 142
السنهوري، عبد الرزاق، عام 1998م الوسيط في شرح القانون المدني الجديد، الجزء الثامن. الطبعة الثانية، منشورات الحلبي الحقوقية بيروت.
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To ensure the neutrality and impartiality of the judiciary depends
not only on the commitment of carers by the principles of law and
the good-aligned and without another party, but that the proper
application of legal justice is sometimes subject
to lack immune
would influence them so that power is exercised its functions
without any interference or influence by others, especially the
media, since the latter exercises its functions on the basis of their
right to freedom of information guaranteed by the Syrian
Constitution promulgated by legislative decree/94/28/2/2012 article
42 thereof, , Posted what it considers constitutional exercise while
the exercise of this right to influence judicial justice, and hence had
to be legitimate lines of media freedom and lack of arbitrariness in
the exercise of their right to through its impact on the smooth
functioning of Justice. so learn whether the Syrian legislature has
taken to achieve effective penal protection of information
deployment impact litigation.
Corruption is the biggest problem facing the administrative,
economic and social development of any country. Syria, like
other countries in the world, has suffered from problems of
administrative and financial corruption, whose effects have
been
reflected in all aspects of life and corruption. This is the
exploitation of influence, where the public official exploits his
influence derived from his job or any influential person to
influence other employees to do or abstain. For a work that
would benefit a third person.
The right of defense can be considered as natural rights, and the most important fair
trial guarantees. It is also an inherent right at the center of public individual rights. It has
not only created in favor of the individual but also for the bene
fit of society as a whole.
There is no justice when accused people do not have a full right of defense and where not
possible to verify the truth. This means that enabling the accused to defend himself does
not mean that the punishment is over, but means to emphasize the fundamental pillar of
justice that will reassure the individuals to the proper functioning of mechanisms in
carrying out its mission, and this would remove any doubts about injustice suspicion when
Jurisdiction will announce the accused conviction, also removing the suspicion of
complacency while deciding his innocence.
Therefore, search in protecting the right of the accused to defend himself is not
intellectually luxury, but generally speaking, it is searching in more accurate and the most
complex legal issues, it is a dive in the depths, to stick to legitimacy in a centre of obstacles
is not easy to overcome. Building on the above, we can say that the accused practice of his
right to defend himself, remains inadequate to achieve the purpose if it is not criminally
reinforced. And to enable the exercise of the right of accused to defend himself, the penal
legislator decided to develop a set of substantive rules incriminating and justified, meaning
the dedication of this right to proceed without fear or shame. The accused is in great need
to exercise his right of defense under the umbrella of the criminal protection, and this will
protect him of the treachery of his defense and ensures that his rights will not be exploited
because of the weakness of his position, and the lack of his experience, and the conflict
hostile facing him. To find out the aspects of this protection two sections have been
developed in this research: the first section devoted to the study of the criminal substantive
rules, while the second was created to the study of the justified substantive rules. The aim
of this is to show the criminal aspects of protection of the right of the accused to defend in
court.
حق الدفاع
القضاء الجزائي
الخصومة الجزائية
السر المهني
الأمين على السر المهني
كتمان السر
جريمة إفشاء الأسرار
أسباب التبرير
الإفشاء الوجوبي
الإفشاء الجوازي
right of defense
criminal justice
criminal litigation
professional secret
Secretary to professional secrecy
confidentiality
the crime of divulging secrets
the reasons for justification
obligatory disclosure
disclosure of the permissible
المزيد..
For as long as the media is a free call and women reflect the free expression of
opinion and freedom of the media has always been a manifestation of freedom
of expression and reflect the reality of the communities and cultures of peoples
which req
uires with the maintenance and protection of this freedom and
guarantee not threatened or compromised spontaneously, this protection
guarantee of media freedom and freedom of expression on the other , However
even transcend media freedom must be commensurate with its limitations
which requires him to establish a standard precise and fair balance between two
first right of individuals to express their views and ideas within the limits of the
law, is a constitutional right, The second interest is the State's right to hold both
hurts or harms the interests protected by law and reflected when opinions and
ideas highlighted by the media through the media are those that would
undermine rights and interests protected by law and devote her legal protection,
and search the criminal procedural protection of information would not only
maintain media freedom of wasted and reduce their value but would maintain
rights and interests protected by law of the media abuse.
The concentration of the research in this research
was the subject of grievance from the light
disciplinary penalties for defining its essence,
procedures and effects.
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