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?