The phenomenon of cyber violence and the current problems of criminal legal protection against it

Abstract

Cyber violence, being a relatively new phenomenon and which includes a wide variety of crimes, as a term in itself is still dificult to be precisely defined. It is often misunderstood and not taken seriously enough. However, it may start online through internet, but often ends up outside cyber reality with devastating consequences for the victims and their families. Threats of violence, stalking, incitement to suicide, attraction of children for sexual purposes, etc. can all result in the victim’s self-harm, or physical assault by the original perpetrator. It is important to act in order to prevent cyber violence from occurring, as well as to protect the victims and bring the perpetrators before justice. Most countries are trying to recognize and acknowledge the different aspects of this phenomenn, and address them in their domestic laws. Some of them have laws that specifically address particular forms of cyber violence. Although cyberbullying has existed for several years, its specific forms seem to have only recently begun to be identified and understood. Some types of cyber violence are fully or partially addressed in international agreements, but many of them still remain unaddressed. The Council of Europe is therefore working in all its sectors (for example, through mechanisms related to the Budapest Convention, the Istanbul Convention and the Lanzarote Convention) to ensure that human rights are respected for all, even in cyberspace. It is im-portant to note that many forms of cyber-violence are already addressed in domestic or international laws by “physical world” provisions, and criminal investigations should not wait for new legislation. Thus, when computers are used to cause or facilitate violence by transmitting messages that cause psychological harm, or by advertising murder, rape, kidnapping or human traficking, such cases may be penally prosecuted (depending on the facts) under the provisions of assault, invasion of privacy, threats, extortion, pornography, or murder, stalking, domestic violence, etc. In this paper we will focus on the appearance of the phenomenon of cyber violence in Albania, the legal addressing of this phenomenon through the identification of its relevant problematics, as well as the need for intervention.