The Extent of Procedural Confrontation of Flagrante Delicto Committed via Social Media Platforms under Jordanian Law

Abstract

Objectives: This study aimed to examine the extent to which the traditional legal text on flagrante delicto (caught-in-the-act crime) in the Jordanian Code of Criminal Procedure can be applied to crimes committed or observed through social media platforms. It also aimed to assess the extent to which the legality of electronic evidence is independent when such evidence is derived from unlawful electronic means.

Methods: The researcher adopted a descriptive and analytical approach. The descriptive method was used to examine the criminal laws related to flagrante delicto in the context of social media, including its conditions, forms, and legal consequences. The analytical method was employed to analyze these legal provisions and identify the legislative shortcomings affecting them. 

Results: The study found that the Jordanian legislator has not explicitly addressed the notion of flagrante delicto as it occurs through social media platforms. It also concluded that the illegality of the electronic means leads to the illegality of the electronic evidence derived from them. 

Conclusions: The study recommends that the Jordanian legislator amend the legal provision concerning flagrante delicto in the Code of Criminal Procedure to encompass all lawful means through which a crime may be observed, including electronic means. It also recommends enacting explicit provisions specifying the legality of electronic evidence and the rules for its exclusion.