Introduction The world is witnessing a rapid transformation in crime patterns due to technological advancements, where criminal acts are no longer necessarily linked to traditional physical conduct or tangible substances. One of the most notable emerging phenomena is what is known as digital drugs—audio or frequency-based files promoted as producing psychological and neurological effects similar to those of conventional narcotic substances. This new form of “consumption” raises fundamental questions about the ability of traditional criminal law to encompass and criminalize such behaviors. The Nature of Digital Drugs Digital drugs do not rely on chemical or botanical substances but instead use audio frequencies broadcast through headphones to stimulate the brain in specific ways. Despite scientific debate over their actual effectiveness, their danger lies in their ease of distribution, difficulty of regulation, and appeal to younger age groups, making the issue extend beyond a public health concern into the realm of criminal policy. The Legal Classification Challenge Traditionally, criminalization in penal law is based on a specific physical act and a tangible object of the crime that can be controlled or proven. Digital drugs lack this physical object, placing legislators and judges in a genuine dilemma: Can simply listening to an audio file be considered a criminal act? Is a demonstrated psychological or neurological effect sufficient to establish a crime without the presence of a conventional narcotic substance? This gap opens the door to divergent interpretations, potentially resulting in conflicting rulings or the evasion of criminal accountability. Limits of the Principle of Legality in Criminal Law The principle of “no crime and no punishment without law” acts as a barrier to expanding criminalization without explicit legislative authorization. Broadly interpreting narcotics provisions to include digital drugs may infringe on individual freedom guarantees, whereas refraining from criminalization leaves society legally unprotected against a phenomenon that may grow in the future. Towards a Contemporary Criminal Policy Addressing digital drugs should not rely on uncontrolled punitive expansion but rather on a balanced criminal policy that combines: Updating legislation to accommodate emerging digital crimes Relying on scientific expertise to assess the extent of harm Focusing on prevention and awareness, especially among youth Respecting human rights principles and criminal legality Conclusion Digital drugs exemplify what can be termed “crimes without a substance” and present a genuine test of the flexibility of criminal law in keeping pace with technological changes. Between the dangers of legislative gaps and the risks of over-criminalization, there is a clear need for thoughtful legislative intervention that balances societal protection with individual liberties, establishing a criminal justice framework capable of addressing digital-era crimes without undermining its foundational legal principles. Al-Mustaqbal University, the first university in Iraq