An assessment of the ability of criminal law to deal with new manifestations of criminality : a case study regarding online identity theft and cybercrime

Abstract

As is, the Maltese Criminal Code does not provide a specific definition of what amounts to Cybercrime. In view of the growing strength of these crimes, the need for more specific rules that will enable a more effective response to such new methods of offences is tangibly observed. Undeniably true is the fact that technology is ever-changing, whereas the law has remained the same. Ergo, it is worth researching with a view to determining what could be done for the law not to become obsolete. Identity Theft is an offence that has been an integral part of our legislation for several years: this legislation also applies to Online Identity Theft. Be that as it may, nothing is laid down in our Statute Books which means the police must resort to traditional offences so as to charge a person. Through this paper, the reader will look into how previous methods of charging a person are still being used to laws which are not strictly up-to-date.