مجلة دفاتر الحقوق و العلوم السياسية
Volume 6, Numéro 1, Pages 06-22
2026-06-13
The Territorial Jurisdiction For Transnational Cybercrime: A Reading Of French Case Law
Authors : Bouzidi Iliyes .
Abstract
Solving the issue of territorial jurisdiction in cybercrimes requires reconsidering traditional legal criteria and adopting flexible rules that suit the virtual, cross-border nature of the internet. One of the most prominent legally adopted solutions is expanding the application of the "principle of criminal result." Under this principle, judicial jurisdiction is granted to the state that suffered damage or where the effects of the crime appeared, even if the execution took place outside its geographical borders. Modern jurisprudence also employs the "server location or digital infrastructure" standard, extending state jurisdiction to any digital media used in perpetrating the crime and located within its territory. The "content availability and accessibility" standard is also adopted, granting national courts jurisdiction over the crime simply by the ability to access the targeted website or platform within the state, thus facilitating the protection of victims and the legal prosecution of perpetrators.
Keywords
cybercrime ; principle of territoriality ; jurisdiction ; globalization ; sovereignty
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