In the digital era, crime is no longer necessarily tied to a physical act or tangible instrument; it sometimes manifests through invisible waves and psychological effects that are difficult to measure or control. Among the most alarming of these transformations is what is known as digital drugs—a modern phenomenon that raises profound questions about the limits of criminalization under penal law and its ability to address new patterns of addiction that leave no material trace, yet may produce psychological and behavioral consequences just as serious. Digital Drugs: Concept and Legal Dilemma Digital drugs are marketed as audio files utilizing specific frequencies purported to influence brain activity, inducing states of relaxation, euphoria, or mental escapism. Despite ongoing scientific debate regarding their actual effectiveness, their legal risk lies not only in potential effects but also in the ease of access, lack of regulation, and targeting of vulnerable age groups, particularly young people. Criminal Characterization: The Dilemma of Traditional Law Classical penal law is built upon clear elements: a material act, a result, causation, and an identifiable object of the crime. Digital drugs challenge this framework because: There is no tangible narcotic substance that can be seized or analyzed, Direct harm is difficult to establish, Listening to an audio file cannot easily be characterized as “consumption” under traditional criminal law. This creates a genuine dilemma for criminal judges: can behavior that leaves no physical evidence be punishable, or would doing so constitute a dangerous expansion of criminalization? The Principle of Legality and Limits of Criminal Protection The principle of legality serves as a safeguard for individual freedoms, preventing criminalization or punishment without explicit statutory basis. However, strict adherence to this principle, without legislative updates, may create a legal vacuum that allows harmful behaviors to spread outside the scope of accountability. The challenge lies not in the principle itself but in the law’s delay in addressing evolving realities. Between Criminalization and Prevention: Towards a Balanced Policy Addressing digital drugs requires more than punitive measures; it necessitates a comprehensive criminal policy based on: Updating legislation to accommodate the nature of emerging digital offenses, Incorporating medical and psychological expertise to assess harm, Raising societal awareness of the dangers of non-traditional addiction, Respecting human rights and avoiding unregulated criminalization of behavior. Conclusion Digital drugs represent a striking example of what can be called “substance-free crimes” and pose a true test of penal law’s flexibility in protecting society without undermining the essence of justice. Between the risk of impunity and the dangers of unrestrained criminalization, there is a clear need for thoughtful, balanced legislation that keeps pace with digital transformation, establishing a modern criminal policy capable of confronting future crimes with legal precision and a humane perspective. Al-Mustaqbal University, the first university in Iraq