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.
Rgds
GG