Reconstructing the Legal Concept of Cybercrime in the Age of Artificial Intelligence: An Analytical Study of the Gap Between Law and Technology

Abstract

This study examines cybercrime as a complex legal–technological phenomenon that extends beyond the traditional framework of criminal law, raising fundamental questions regarding the redefinition of the core concepts of crime in the context of rapid digital transformation. The study is based on the premise that cybercrime is no longer merely a technological extension of conventional crime; rather, it has evolved into a hybrid ontological construct in which legal dimensions intersect with algorithmic and technological structures. This transformation has reshaped the fundamental concepts of the offender, criminal conduct, digital evidence, and criminal liability. The research adopts an analytical–comparative approach to deconstruct the conceptual framework of cybercrime through four principal dimensions: the theoretical foundation of cybercrime as a dual legal–technological entity, the legal ontology of cybercrime, the algorithmic reality of cybercrime in the era of artificial intelligence, and the evidentiary challenges posed by digital evidence in relation to traditional legal standards. Furthermore, the study explores the structural, epistemological, and practical gaps between law and technology and analyzes their impact on the effectiveness of conventional legal systems in addressing emerging cyber threats. The findings reveal an expanding gap between the normative logic of law, which is founded on relative stability and legal certainty, and the dynamic logic of technology, characterized by continuous innovation and algorithmic evolution. This discrepancy necessitates the reconstruction of fundamental legal concepts and the development of a more adaptive and integrated legal–technological framework capable of responding to the complexities of the digital environment.