Cybercrime and jurisdiction

Cybercrime jurisdiction is established by other factors, such as the nationality of the offender ( principle of nationality; active personality principle), the nationality of the victim ( principle of nationality; passive personality principle), and the impacts of the cybercrime on the interests and security of the

Can a law enforcement agency investigate a cybercrime case?

Before a law enforcement agency can investigate a cybercrime case, it has to have jurisdiction.
The first thing that must be determine is whether a crime has taken place at all.
In some cases, there is no law on the book that covers the particular circumstance.

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What is subjective territorial jurisdiction in cybercrime?

Subjective territorial jurisdiction, which can be claimed and exercised by the state on the territory of which a criminal conduct occurred, is indeed of limited use in the context of cybercrime precisely because it is very difficult to pinpoint the location where the conduct of a cybercrime actually took place.

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What is the role of jurisdiction in cybercrime?

Jurisdiction, which is linked to sovereignty (UNODC, 2013, note 9, p. 184), provides states with the power and authority to define and preserve the duties and rights of people within its territory, enforce laws, and punish violations of laws (see Cybercrime Module 3 on Legal Frameworks and Human Rights).

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What is transnational cybercrime jurisdiction?

In the absence of either conventional or customary delimiting rules, the assumption of transnational cybercrime jurisdiction can go beyond objectively appropriate limits such that the sovereignty and territorial integrity of the state where the individual acted is not accorded due respect.


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