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Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    1
  • Pages: 

    27-46
Measures: 
  • Citations: 

    0
  • Views: 

    2719
  • Downloads: 

    0
Abstract: 

The expansion and influence of ICTs and the subsequent emergence of CYBER space has made fundamental changes in all aspects of human life, including the national security of societies. CYBERspace with its unique features by the means of information exchange technology had put challenges to national security whose protection is traditionally difficult and inadequate. Although criminal proceedings against these CRIMES are inevitable, given the reactivity of this act and its adoption after the offense, it cannot undermine the harmful effects of these CRIMES. Instead, it seems that preventive criminal policy, in the form of social prevention can be considered as the most effective strategy to deal with these new threats. This article by a descriptive analytical method, identifies CYBERcrime CRIMES and examines social prevention programs for dealing with CYBERcrime against national security. The outcome of this study is to identify and validate the implementation of this preventive model.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

CULMINATION OF LOW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    9
  • Issue: 

    1
  • Pages: 

    229-258
Measures: 
  • Citations: 

    0
  • Views: 

    126
  • Downloads: 

    40
Abstract: 

Today, there is no less hesitation in accepting CYBER security CRIMES as a new type of CYBER CRIMES. However, views and opinions on recognizing the scope and criteria of CYBER security CRIMES are diverse and different, based on this necessity and due to the importance of space. CYBER has opportunities and threats, and the prominent role of CYBER power in the position of countries in the global power hierarchy. The main challenge is to know the scope and criteria of CYBER security CRIMES, which has caused controversy, so that different divisions The types and examples of security CRIMES have been presented. It has been stated and it is possible to commit it, including the Law on Punishment of CRIMES of the Armed Forces, which has also examined the procedure for investigating these CRIMES. Showed that for a comprehensive and accurate understanding of CYBER security CRIMES should be intercepted An adaptive-comparative finding was used and a framework based on interdisciplinary perspective and integration of all approaches was considered. Accordingly, an alternative analytical framework based on the linkage of these approaches is presented.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    82
  • Issue: 

    102
  • Pages: 

    81-108
Measures: 
  • Citations: 

    0
  • Views: 

    629
  • Downloads: 

    0
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.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    10
  • Issue: 

    3 (39)
  • Pages: 

    9-33
Measures: 
  • Citations: 

    0
  • Views: 

    2009
  • Downloads: 

    0
Abstract: 

Expansion of CYBER CRIMES forces governments to develop legal mechanism to deal with them in a proper way. Due to the importance of criminal investigation and discovering the roots of such CRIMES, the present study aims at investigating the process of primary investigation. of the CYBER CRIMES in I.R.I This is an applied descriptive research to be conducted as a field study. Experts working as special police and elites of CYBER crime investigation (N=60) formed the statistical sample of the study.Questionnaire was used to collect the required data. The findings of the study showed that prevention, informing, and education in the ante-occurrence period and criminals identification, collecting documents, and observing legal principles in the post- occurrence period are quite necessary.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Zallaghi Ali | MALMIR MAHMOUD

Issue Info: 
  • Year: 

    2020
  • Volume: 

    13
  • Issue: 

    52
  • Pages: 

    83-98
Measures: 
  • Citations: 

    0
  • Views: 

    715
  • Downloads: 

    0
Abstract: 

At present, internet CRIMES occur in different forms which include: internet fraud, internet spionage, abuse of telephone networks, credit card abuse, insertion of virus into other people’ s computers and money laundering. Vast abuses in CYBERspace cause taking precuations such as their incrimination of criminal topics by different countries. It is certain that executing legal punishment occurs in the setting of criminal qualification of that law and in this regard, distinguishing and unique features of CYBERspane relative to the physical world have caused new and essential topics to take place in the fields of criminal qualification in CYBERspace and new ideas to be brought up in a manner that some people call it the space without rule and some other believe that criminal qualification with its various manifestations can rule the CYBERspace similar to that of the physical world. This research is aimed at identifying legal and executive gaps and presenting preventive measures. The research method in this article is of descriptive-analytical type. Information collection is in library form and in the note-taking format. What is noteworthy in this research is that there are many legal gaps in the areas of combating CYBER CRIMES that are traceable and preventive due to everyday advancement of computer technology and other related sciences and making use of scientific forensics. There are variuos methods including safeguarding databases, service providing centers and updating that can block the way against the criminals of this industry.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    9
  • Issue: 

    3 (35)
  • Pages: 

    99-119
Measures: 
  • Citations: 

    0
  • Views: 

    6424
  • Downloads: 

    0
Abstract: 

Despites its various advantages, CYBER space has let so many different CRIMES in due to its special features. The present study tries to elaborate on the ways to prevent them. This is a descriptive applied study. 57 of the experts of information technology in Iran police formed the statistical population of the study. Questionnaire was used to collect the required data. T-test was used to analyze the collected data. The findings of the study demonstrate that the following methods are significantly effective in CYBER crime prevention:-Methods based on information technology including the attachers’ Ips;-CYBER space control;-Collecting electronic evidences;-Documentation in crime scene.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

SOBHKHIZ REZA

Issue Info: 
  • Year: 

    2015
  • Volume: 

    10
  • Issue: 

    3 (39)
  • Pages: 

    117-137
Measures: 
  • Citations: 

    0
  • Views: 

    4747
  • Downloads: 

    0
Abstract: 

Information technology is being developed rapidly and has penetrated to the last layers of human beings societies. CYBER space is the off spring of such technology the space in which complex and special CRIMES can grow. The present study aims at investigation the legal challenges of CYBER CRIMES in I.R.I and international law systems. This is a descriptive-analytic study. First, the legal form and content measures conducted in dealing with CYBER CRIMES in I.R.I and international law systems will be analyzed. Findings of the study demonstrate that the under-study criminal justice systems face great many challenges such as contradictions in law and courts.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    20
  • Pages: 

    103-122
Measures: 
  • Citations: 

    0
  • Views: 

    77
  • Downloads: 

    44
Abstract: 

The most important point of view regarding the causes of criminal behavior belongs to Freud, who examines the organizing factors of human personality in three headings: entity, self, and superego, and believes that all instinctive actions and tendencies dependent on others, aggression, Escape and anger are related to the human body, and the communication and mutual exchanges between the person and the reality and the world outside of him require the formation of a new psychological device, which is called self or me. Criminologists identified individual and environmental factors regarding the factors that already affect the formation of a criminal's personality, and in examining individual factors, they studied hereditary and psychological factors. In this article, we are going to investigate the agency of genes in CYBERCRIMES. The present research was written based on the descriptive-analytical method and based on documents and library sources, and in this regard, the obtained information was analyzed by studying international documents with a practical purpose. Considering that criminal policymakers value punishment when it affects its implementation, then in certain cases, people who have genetic disorders in their behavior should be discounted or even exempted. Be punished. Aggressive and negative behavior is somehow related to the feeling of avoiding getting hurt and the feeling of worry and fear.

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Author(s): 

Farhadi Alashti Zahra

Issue Info: 
  • Year: 

    2022
  • Volume: 

    52
  • Issue: 

    2
  • Pages: 

    300-279
Measures: 
  • Citations: 

    0
  • Views: 

    72
  • Downloads: 

    16
Abstract: 

This study sought to analyze the constructive role of judges of the Shahid Fahmideh Judicial Complex in dealing with juvenile CYBERCRIMES based on the Constructivist Grounded Theory.By following a qualitative methodology, the research data were collected from fifty-two cases (April 1395 - April 1401), four intensive semi-structured interviews, and memo writing. Data collection continues until our findings reach theoretical saturation. The data were coded using MAXQDA software.  By revealing the relationship between the categories, the theory was discovered.The manner in which the reality of the problem of behavior against the law is defined by the judges will play a significant role in determining the specific model or models to respond to it. Judges often responded with a procedural approach. The patterns used are divided into two categories: the modern three-level pattern and the traditional two-level pattern. The modern three-level model was based on the centrality of protectionism, and most efforts were made to solve the problem of behavior against the law and its consequences. Whereas, the judges who believed in the traditional two-level model by adhering to legal formalism sought to determine the guilt and assess the possible risk to determine the appropriate response."Lack of capacity to participate with social networks" and "lack of discriminatory computer criminal policy of the digital generation" are the two main challenges faced by judges to provide constructive interpretations in line with the best interests of children and adolescents.

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Author(s): 

VATANI AMIR | ASADI HAMID

Issue Info: 
  • Year: 

    2017
  • Volume: 

    17
  • Issue: 

    2 (44)
  • Pages: 

    99-126
Measures: 
  • Citations: 

    0
  • Views: 

    4124
  • Downloads: 

    0
Abstract: 

It is the main focus of criminal policy of any country to prevent and cope with CRIMES, and to realize this objective, various means should be utilized in participatory, judicial and legislative types of criminal policy. With increasing expansion of CYBERspace, using of computers and internet by people and possibility of crime against information technology, it is of a great importance to set an appropriate criminal policy against CYBERCRIMES. Legislative criminal policy is a regulatory task in a country by which the regulation body will take technical measures in order to secure CYBERspace sometimes implicitly and sometimes explicitly while dealing with CYBERCRIMES; of which one of the most important measures is enactments of CYBERspace High Council. In participatory criminal policy, different governmental and non-governmental tools are used for prevention of and coping with crime. One method for having control on CYBERCRIMES which can be done by civil bodies and individuals with participation of people and can be considered as an example of “enjoining good and forbidding bad” in prevention CYBERCRIMES is supervision on inputs and outputs; by which it is tried to block access of attackers to financial information which can be done for example by using of passwords in computers and anti-monitoring software as one of the most important methods of it. In judicial criminal policy which is reflected in judicial procedures and verdicts of courts, is the judiciary acting as with a preventive approach regarding CYBERCRIMES with the help of other authorities such as MAHER Center (CERTCC –Computer Emergency Response Team Coordination Center), APA Center (CERT –Computer Emergency Response Team) and CYBER Police.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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