Comparative Analysis of Afghanistan’s Criminal Policy and the Policies of Budapest Convention Member States in Responding to Cybercrimes

Abstract

With the expansion of information technology and the growing dependence of societies on cyberspace, cybercrimes have become one of the principal challenges faced by legal systems. Afghanistan, too, in the last decade—due to the rapid increase in Internet accessibility—has witnessed a significant rise in such offenses. The main objective of this study is to examine and evaluate Afghanistan’s criminal policy regarding cybercrimes and its level of alignment with international standards and instruments. The research method is descriptive–analytical and is based on documented legal data, national and international instruments, and content analysis of the Law on Combating Cybercrimes (2014) and the Penal Code (2017). The findings indicate that Afghanistan’s criminal policy toward cybercrimes is predominantly reactive, focusing on punishment and post-crime control rather than prevention and education. Despite the partial criminalization of digital behaviors and the establishment of institutions such as the Cyber Police, the legislative and institutional framework of the country suffers from shortcomings, including lack of coordination among agencies, shortages of specialized personnel, and technological underdevelopment. Moreover, Afghanistan’s alignment with international instruments such as the Budapest Convention remains limited and requires substantial reform and revision. The conclusion demonstrates that for an effective cyber-criminal policy, Afghanistan must shift from a reactive to a proactive and preventive approach, expand its international cooperation, and emphasize public education and the strengthening of specialized institutions.