Unification of Judgment Decision No. 729 (The competent judicial authority to deal with the crime of fraud related to computer)

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Bashiriyeh Bozorgmehr

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Journal Paper

Paper Information

Journal: ANALYSIS OF JUDICIAL DECISIONS JOURNAL Year:2023 | Volume:2 | Issue:2 Page(s): 533-540

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Information Journal Paper

Title

Unification of Judgment Decision No. 729 (The competent judicial authority to deal with the crime of fraud related to computer)

Author(s)

Bashiriyeh Bozorgmehr | Issue Writer Certificate

Keywords

Unification of Judgment DecisionQ4

JurisdictionQ4

fraudQ4

Electronic FraudQ4

Supreme CourtQ4

Ruling number 729Q4

Abstract

AbstractThe General Board of the Supreme Court has resolved the dispute in a Unification of Judgment Decision No. 729 regarding the competent judicial authority to deal with the declared crime under the title of "Electronic Fraud". Based on this decision, in cases where the origin and destination of the money transfer are in different Jurisdictions, the Jurisdiction where the bank that opened the account of victim is located has been recognized as competent to handle the case. It seems that there is a difference in the elements of the crime between the fraud described in the "Case Report" and "Unification of Judgment Decision", in such a way that in the first one, it is a traditional type of fraud and in the second one, it is an electronic type. Contrary to the Unification of Judgment Decision and based on the arguments expressed in this article, including attention to the place of completion of the crime, in the mentioned fraud, whether traditional or electronic, the judicial authority of the destination of the money transfer competent to the proceedings has been stated.

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