[kictanet] Day 4: PROMOTING CYBERSECURITY AND COMBATING CYBERCRIME

[Grace Githaiga]

Good morning Listers
Today is day 4 and our focus is on PROMOTING CYBERSECURITY AND COMBATING
CYBERCRIME. We raise two questions:


 Article III – 14: Harmonization

1) Member States have to undertake necessary measures to
ensure that the legislative measures and / or regulations adopted to fight
against cybercrime enhance the possibility of regional harmonization of these
measures and respect the principle of double criminality.


Question: What is the
principle of double criminality here?

 

Section II: Other penal sanctions

 Article III – 48

Each Member State of the African Union have to take
necessary legislative measures to ensure that, in the case of conviction for an
offense committed by means of digital communication facility, the competent
jurisdiction or the judge handling the case gives a ruling imposing additional
punishment.


Question:  What is the interpretation of additional punishment?
Is this not granting of absolute powers to judges?
We are almost getting there! Like Walu has reminded us, this is our opportunity to contribute and shape this debate.  Over to you!
A great day to you all.RgdsGG 		 	   		  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20131127/dd34370d/attachment.htm>