Rule of Constitutional Law in confront with Cyber-Crimes

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ALIPOUR HASSAN; YEKRANGI MOHAMMAD

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2018 | Volume:82 | Issue:102 Page(s): 81-108

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Information Journal Paper

Title

Rule of Constitutional Law in confront with Cyber-Crimes

Author(s)

ALIPOUR HASSAN | YEKRANGI MOHAMMAD | Issue Writer Certificate

Keywords

Cyber-terrorismQ1

Cyber-attackQ1

National SecurityQ1

Individual LibertyQ1

ConstitutionQ1

Abstract

Confronting with Cyber-crime has strong relationship with all preventative and non-preventative measures. A Non-preventive measure, that is related to criminal law, consists of criminalization, imposing liability and sentencing. The preventative measures, however, include social and technical measures that impose on the situation or potential criminals. All these measures should obey two fundamental rules: first, it should be compatible with norm of society and bring the security; second, should not in contradiction with individual liberties. Intense concentration of just the security, with pay attention to cyber-crime, will result in infringement of individual liberties and Sole considering the individual liberties, with pay more attention to cyber-criminal, will decrease the security. Neither security-approach nor liberty-approach is compatible with Constitution. This paper, try to reconciliation of these two approaches in the light of Constitution rights in confronting with the cyber-crime.

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APA: Copy

ALIPOUR, HASSAN, & YEKRANGI, MOHAMMAD. (2018). Rule of Constitutional Law in confront with Cyber-Crimes. THE JUDICIARY’S LAW JOURNAL, 82(102 ), 81-108. SID. https://sid.ir/paper/137938/en

Vancouver: Copy

ALIPOUR HASSAN, YEKRANGI MOHAMMAD. Rule of Constitutional Law in confront with Cyber-Crimes. THE JUDICIARY’S LAW JOURNAL[Internet]. 2018;82(102 ):81-108. Available from: https://sid.ir/paper/137938/en

IEEE: Copy

HASSAN ALIPOUR, and MOHAMMAD YEKRANGI, “Rule of Constitutional Law in confront with Cyber-Crimes,” THE JUDICIARY’S LAW JOURNAL, vol. 82, no. 102 , pp. 81–108, 2018, [Online]. Available: https://sid.ir/paper/137938/en

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