Identity Crime in the Digital Age: Malaysian and Mauritanian Legal Frameworks

Abstract

Legally speaking, a crime is an action or omission punishable by law and it takes many forms, e.g., crimes against people, property and so forth. Identity crime is one of those crimes that could affect financial institutions, individuals or even the whole society. Identity crime impacts include, inter alia, emotional and psychological, financial and security ones. In its basic meaning, identity crime is a term used to refer to all forms of unlawful activities (stealing, fraudulently using, modifying, etc.,) done under the identity of persons (names, passports, bank accounts, etc.). The term ‘identity’ includes all information relating to persons (natural or legal) such as name, address, email, phone number, bank account, uniform and such like. These types of crimes are not new but there is no doubt that the availability of information and data in the virtual world flourishes identity related-crimes and makes them easier to be committed. Like other countries in the world, Malaysia and Mauritania have general and specific provisions for combatting identity related-crimes and bringing offenders to justice. This paper discussed the concept of identity crime, then analysed and examined laws related to the matter in the legal systems of the two countries and assessed the efficiency and capability of those laws to combat this serious crime. Moreover, it made a comparison between the two systems and suggested some steps to be taken to improve the existing laws governing identity crime in the countries. This research is a doctrinal research depending on both primary and secondary related sources. It is argued and believed that a study such this will positively contribute to the field of legal studies as it is examining an aggravated crime (identity crime) from a comparative perspective.