The information and communication revolution led to the emergence of the crime of electronic fraud, as it brought about radical and qualitative changes in various aspects of economic, political and legal life, and the information revolution left the emergence of those who misuse information systems illegally, which led to the emergence of the information cybercrime space, especially the crime of electronic fraud. Most of the legislation resorted to enacting laws and legislation that work to combat and confront the crime of electronic fraud, including the Budapest Convention on Combating Information Crimes in 2001, and in Palestine, Decree Law No. 16 of 2017 regarding electronic crimes was issued.

First: Defining the crime of electronic fraud: 

The crime of electronic fraud is defined as the intentional tampering with information and data that represent material values stored by the computer system, the unauthorized entry of correct information and data, the tampering with orders and instructions during the programming process, or any other means that affects the computer so that it performs its operations based on these orders. data or instructions for the purpose of obtaining unlawful profit and causing harm to others.

Second: Characteristics of the electronic fraud crime:

The computer is the tool for committing the crime of electronic fraud.
The crime of electronic fraud is committed over the Internet.
A crime that is difficult to detect and prove.
An attractive offense for criminals in terms of the ease with which forensic evidence can be destroyed.
The perpetrator of the crime of electronic fraud is a person with great computer expertise.
A crime that transcends borders and geographical dimensions.

Third: Means of electronic fraud crime:

The crime of electronic fraud focuses on the use of fraudulent methods, which are as follows:

input manipulation.
Software manipulation.
Manipulate the data that is transferred remotely.
Using an incorrect code to enter a paid system.
Fourth: Reasons for the difficulty of proof in the crime of electronic fraud:

Difficulty accessing and preserving digital evidence.
Legislative shortcomings in defining the concept of electronic fraud crime.
Deficiency of international cooperation in combating information crimes, including the crime of electronic fraud.
The lack of experience and know-how among the agencies operating in the field of combating information crimes, including the crime of electronic fraud (the judicial police represented by the Electronic Crimes Unit in the Palestinian Police Service, the Electronic Crimes Prosecution, judges, and human rights institutions).

Fifth: Elements of the electronic fraud crime:

The crime of electronic fraud, like other crimes, requires the meeting of the three general elements of the crime, which are the material element, the moral element, and the legal element. The elements of the electronic fraud crime consist of the following:

The first subsection: the material element in the crime of electronic fraud:

The criminal behavior of the crime of electronic fraud consists of the perpetrator using fraudulent methods by using a false name or adjective in order to achieve the goal that the perpetrator seeks, which is to persuade the victim, and to achieve the criminal result, which is represented in the victim handing over the money to the perpetrator, and in the event that the result is not achieved The crime is the initiation of the crime of electronic fraud, which is punishable by a special provision in the decree-law regarding Palestinian electronic crimes, and the element of extradition in the crime of electronic fraud is the most important characteristic that distinguishes this crime from other crimes, for example theft, in which the victim’s money is seized by embezzlement and against his will However, in the crime of electronic fraud, the admission is made by the will of the victim, who fell into the fraud set up by the perpetrator.

Section Two: The Moral Element of the Electronic Fraud Crime:

In the crime of electronic fraud, it is required to prove the existence of the moral element, which is represented by its elements “knowledge and will”, as the moral element in the crime of electronic fraud requires the perpetrator’s knowledge of the elements of the crime committed and his knowledge is that the computer that is being hacked or the account that is accessed illegally He does not have it, or the money that he seizes is money that does not belong to him, but it is stolen money, or that the data that he obtained by hacking or piracy is illegal entry, or that the act he takes is a criminal act, and knowledge in the crime of electronic fraud is knowledge It is assumed that, according to the general legal rule, “no one may excuse ignorance of the provisions of the law.” In addition, for the occurrence of the moral element, the will of the offender must be directed towards bringing about the criminal result. To the possession and seizure of the money subject of the crime and its absolute ownership.