Combating the Crime of Breach of Information Trust in Sudanese Law: A Comparison with Arab Legislation

Abstract

This study addresses the crime of breach of information trust in Sudanese law in comparison with Arab legislations. The problem of the study lies in the legal deficiency present in the Cybercrime Act (Amendment 2020), as this law fails to explicitly criminalize the act of breach of information trust. The importance of the study stems from the serious and severe consequences of this crime, especially in light of the rapid development of information and communication technologies, and the increasing reliance of criminals on advanced digital methods rather than traditional means in committing financial crimes. The study aims to clarify the concept of the crime of breach of information trust and to highlight the relevant legal provisions in Sudanese law in comparison with Arab legislations. The study adopts both analytical and descriptive methodologies. It reached several findings, the most important of which is that the Cybercrime Act (Amendment 2020) lacks any provision that criminalizes breach of information trust, which constitutes a significant gap in the legislation that must be addressed. Furthermore, the penalties provided in the Sudanese Criminal Act of 1991 (Amendment 2020) for the crime of breach of trust are minor and insufficient to deter perpetrators when the crime is committed through information and communication networks. Therefore, stricter penalties should be applied under the Cybercrime Act. The study recommends, most notably, that the Sudanese legislator should explicitly include the crime of breach of information trust committed via digital networks within the provisions of the Cybercrime Act, due to the gravity of this offense and its unjustified infringement on people's financial rights.