The Differential Penal Policy in the Realm of Constituent Elements of Cybercrime

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Karami Davood

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Journal Paper

Paper Information

Journal: MAJLIS & RAHBORD Year:2018 | Volume:25 | Issue:93 Page(s): 335-368

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Information Journal Paper

Title

The Differential Penal Policy in the Realm of Constituent Elements of Cybercrime

Author(s)

Karami Davood | Issue Writer Certificate

Keywords

Cyber CrimesQ1

Criminal PolicyQ1

CyberspaceQ1

Differential ApproachQ1

Substantive Criminal LawQ1

Abstract

The differential penal policy is considered particularly distinctive because of deviation from some of common principles and standards of criminal law or the ebbs and flows of a Criminal Policy. Cyber Crimes, as a group of new crimes that choose cyber space as subject or tool of crime, for different reasons, need such differential penal policy. In this article we try to explahn the necessity of collecting and compiling a differentiate Criminal Policy for Cyber Crimes in the area of elements forming Cyber Crimes, based on the outstanding differences between these crimes and the traditional crimes including differences in the nature, scope and context of the offense and finally to introduce and pblicize species of this differential penal policy with a descriptive and recommendal approach in the realm of this category of crimes, especially within the framework of the Iranian penal system needs. The results of this study show that, in many cases the ruling logic in the substantial criminal law of Cyber Crimes is different from the traditional crimes. Hence, compiling and collecting a coherent Criminal Policy for punishment of the Cyber Crimes is necessary. Effectiveness and efficiency of the laws passed to combat Cyber Crimes, requires a different view on issues such as the definition of the crime, the elements of crime, criminal responsibility and so on. Although, Cyber Crimes law passed in 1388 (2009) is a significant step forward, but further developments and improvements are needed.

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APA: Copy

Karami, Davood. (2018). The Differential Penal Policy in the Realm of Constituent Elements of Cybercrime. MAJLIS & RAHBORD, 25(93 ), 335-368. SID. https://sid.ir/paper/224904/en

Vancouver: Copy

Karami Davood. The Differential Penal Policy in the Realm of Constituent Elements of Cybercrime. MAJLIS & RAHBORD[Internet]. 2018;25(93 ):335-368. Available from: https://sid.ir/paper/224904/en

IEEE: Copy

Davood Karami, “The Differential Penal Policy in the Realm of Constituent Elements of Cybercrime,” MAJLIS & RAHBORD, vol. 25, no. 93 , pp. 335–368, 2018, [Online]. Available: https://sid.ir/paper/224904/en

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