Abstract
The development of the Internet, and of digital technology in general, has facilitated the commission of a large number of offences, and has made its entry into most branches of criminal law. However, there is still one branch of criminal law where digital technology has not made its entry: offences against the physical integrity of the person. Doesn't this logical rejection raise questions? The development of objects connected to the Internet means that such attacks are becoming a reality. The possibility of such attacks must therefore be incorporated into the Penal Code. The first part of this paper proposes to explore this possibility by bringing together the notions of weapon and digital to create the notion of digital weapon. Although these notions may seem antinomic, they are in fact relatively close. Their integration into the penal code shows that they obey the same mechanism: sanctioning the use of a particular tool - a weapon or a digital device - to commit an offence. We therefore propose a paradigm shift in the analysis of the weapon to bring these notions closer together. This re-theorization of the weapon around its function, which we call the mode of perpetration, enables us to take better account of the dematerialization of offences. The second part sets out to extend the regime of the "mode of perpetration" weapon to include the digital weapon, thereby strengthening the economic efficiency of the law in the fight against cybercrime. In particular, this allows us to take a global approach to cybercrime, favoring proactive rather than merely reactive analysis.