Assessment of the Challenges in Implementing Afghanistan’s Criminal Policy in Preventing Cybercrime: From Theory to Practice

Abstract

With the expansion of information technology and the increasing use of cyberspace, cybercrime has become one of the fundamental challenges facing legal systems, particularly in developing countries such as Afghanistan. This study examines Afghanistan’s criminal policy toward cybercrime and evaluates its challenges and shortcomings in the prevention and control of such offenses. Accordingly, the present research, using a descriptive–analytical method and through the examination of legal documents such as the Law on Combating Cybercrime and the Afghan Penal Code, analyzes the strengths and weaknesses of criminal policies aimed at addressing cybercrime. The findings indicate that Afghanistan’s criminal policy has been predominantly reactive, with limited attention devoted to the prevention of cybercrime. Factors such as a shortage of specialized personnel, weak technical infrastructure, lack of coordination among various institutions, and implementation challenges at the national level have hindered the effectiveness of existing policies in reducing cybercrime and enhancing cybersecurity in the country. Moreover, insufficient international cooperation and legal limitations in combating transnational cybercrime constitute additional challenges. To improve Afghanistan’s criminal policy, the article recommends adopting a preventive approach focused on public education, strengthening judicial institutions, and enhancing international cooperation. Such reforms would contribute to reinforcing infrastructure and taking effective steps toward reducing cybercrime.