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Issue Info: 
  • Year: 

    2005
  • Volume: 

    1
  • Issue: 

    2-3
  • Pages: 

    93-116
Measures: 
  • Citations: 

    0
  • Views: 

    929
  • Downloads: 

    0
Abstract: 

This paper tries to deal with CYBERCRIMES from a criminological perspective. Then, it examines national and international practices for fighting these crimes at the national and global levels. Finally, the paper will explain the social, moral and juridical challenges for defining and fighting such crimes.

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

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    15
  • Pages: 

    255-278
Measures: 
  • Citations: 

    0
  • Views: 

    735
  • Downloads: 

    0
Abstract: 

Prosecuting CYBERCRIMES requires access to data related to criminal cyber activities. While wanted computer data which is in fact evidence of crime may be loaded on a system or a server in territory of other state. In this situation prosecutors’ access to them may cause the violation of that state’ s sovereignty. Unless this is done through international cooperation with that state. Cooperation in this area is often done through mutual legal assistance. Legal assistance is a traditional and a known method of international cooperation in criminal matters. But the characteristics of cyber space and computer data affect legal assistance in CYBERCRIMES. This essay is trying to clear the different dimensions of these effects and who they work. The characteristics of cyber space and compute data have made the usage of legal assistance important in fighting CYBERCRIMES and also have caused the initiation of new forms of legal assistance. In addition, these characteristics have caused some problems in mutual legal assistance.

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

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    81
  • Issue: 

    98
  • Pages: 

    83-102
Measures: 
  • Citations: 

    0
  • Views: 

    1883
  • Downloads: 

    0
Abstract: 

Cyber space is regarded as a body of human connections that functions thorough computers and communications without any physical space. It provides not only numerous benefits, but also a new opportunity for committing criminal behavior. This article is to determine cybercrime jurisdiction. Actually, as cybercrime is not committed in a physical space, determination of competent jurisdiction is demanding. In order to determine cybercrime jurisdiction, two kinds of criteria are taken into account: one is criminal jurisdiction based on classic rules and another is based on cybercrime’s characteristics. Therefore, it is possible to determine competent jurisdiction regarding those criteria, however, in some cases like that the accused is abroad or crime is committed in that way, there is obstacle with internal competent jurisdiction. Strategically, it is seriously required to take into account international cooperation in order to realize criminal jurisdiction.

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

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    82
  • Issue: 

    104
  • Pages: 

    95-121
Measures: 
  • Citations: 

    0
  • Views: 

    3081
  • Downloads: 

    0
Abstract: 

The age of using information and communication technology and consequently using cyber space has confronted human societies with new challenges in all social, economic, cultural, religious aspects. Crimes committed in this space have different specifics from real space crimes. These specifics are such as limitless and intangibility, easy and fast access, easy to change and anonymity which has increased the speed of committing crime in this space, are the most important specifics. Therefore, tackling these crimes has its own method. A little time after the development of information and communication technology, it was clear that the concern of criminal law on criminal digital events, is more laid on procedural criminal law or Criminal Procedure Code. Not only cyber space has changed the basis and constituents of this area fundamentally, but also is counted as the gateway of creating substantive criminal law. Therefore, any failure in explaining and enforcing the rules of cyber Criminal Procedure Code, confronts the best criminal cases with failure and makes criminal laws obsolete. It also makes the criminals brave, because they see that the effort of community to control and reply tem appropriately is failed and they continue breaking the norms with more power. Thus, the modernity of cybercrime and the method of committing these crimes, has faced tracking and tackling these crimes with some challenges and gaps from the aspect of procedure issues and classic law approaches are no more responsive and tackling these crimes has some problems that we will process them in this research.

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

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    18
  • Issue: 

    70
  • Pages: 

    177-204
Measures: 
  • Citations: 

    0
  • Views: 

    41
  • Downloads: 

    0
Abstract: 

Background and Aim: Dark web and digital currencies were introduced for providing better services to communities. But the pseudo-anonymous nature of digital currencies, along with the anonymity and concealment of transactions on the Dark Web, has led to the interest of cybercriminals in both of these topics and the abuse for criminal purposes. The study and analysis of the combination of these two tools together can be used for informing, managing, and developing preventive actions to reduce the growth of CYBERCRIMES. Therefore, the purpose of this study is to investigate and analyze the role of cryptocurrencies in facilitating the commission of CYBERCRIMES in the dark web. Method: This is a descriptive-analytical study for applied purposes and the data were derived through the library research method.Findings: The Dark Web provides a haven for criminal activities, and due to unresolved challenges in the field of cryptocurrencies, including implementation of laws and regulations, detection of crimes, security of assets, and similar issues, the growth and spread of criminal activities in the Dark Web is provided.Conclusion: While officers improve their cyber technical capabilities and expertise; Criminals also use the slightest vulnerability of digital currencies to expand their activities. Therefore, it seems that formal laws, improvement of information sharing between law enforcement authorities and financial institutions, as well as the expansion of international cooperation, are the necessities for managing the prevention of cybercrime growth.

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

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    5
  • Issue: 

    18
  • Pages: 

    77-112
Measures: 
  • Citations: 

    0
  • Views: 

    1059
  • Downloads: 

    0
Abstract: 

Creating and developing security, installing order and providing public welfare is one of the most important concerns of human societies; In this regard, modern cyber societies are not considerd on exception, and relevant institutions are trying to offer strategies to attain this important goal. The present paper is based on the study to provide the strategic model of countering cyber crimes in Iran, as well as identification. Explanation and developing concepts, dimentions, components and desired charateristics of countering these crimes in Iran. This study has been, in terms of its objective, a fundamental one, and the method used to create and analyze the data, is a compound of qualitative and quantitatve methodes; so that in the qualitative phase, documents and library sources regarding criminal policy, cyber space, cyber crimes and criminalizing as well as response to these crimes in national and international levels were reviewed to form the conceptual framework of research. There after targeted sampling through snowball technique, in which the know elites of the scientific circle in the field of cyberspace were identified and selected was carried out Interviewing the selected elites was carried _ out using a semis tructured tool and production of final data was done through open and axial encoding. In order to measure the finding and prioritizing and validating them, another group of elites and specialists of cyber crimes detection (60 persons), as the sample volume completed a questionnaire to express their views, in the quantitative phase. The results reveal what the strategic model of countering cyber crimes in Iran should be and what are its dimentions, vectors and identifiers.

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

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    3
  • Issue: 

    6
  • Pages: 

    185-209
Measures: 
  • Citations: 

    0
  • Views: 

    460
  • Downloads: 

    0
Abstract: 

Field and Aims: With the expansion of the level of social changes and the development of technology, the attention of criminologists and sociologists has been drawn to the fact that the places of crime in the future are not this traditional possibility, but spaces where access to them is not like the real life space. Therefore, to prevent crime in these spaces, preventive processes should be predictable to some extent. Accordingly, the aim of this research is to analyze the trend of preventive strategies against CYBERCRIMES. Method: This research is qualitative and according to the subject, in terms of purpose, it is practical and in terms of collecting information, it has been done by documentary method and through the study of valid laws and sources. The obtained information has been analyzed in a descriptive-analytical manner. Findings: Qualitative findings have shown that ten main trends include,Data and information, social links, life opportunities, employment status, educational status, social changes, technology, bio-technology, technical and specialized skills, and education and learning in the process of cybercrime prevention based on reference to conducted research and registered research. and were analyzed. Conclusion: The results of the analysis of different trends indicate the fact that CYBERCRIMES have several unique characteristics that are not found in most types of traditional crimes, so they may pose a challenge to explain criminology in different periods of a life.

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: 

    101
  • Pages: 

    37-60
Measures: 
  • Citations: 

    0
  • Views: 

    660
  • Downloads: 

    0
Abstract: 

Sentencing for CYBERCRIMES as a formal and mandatory response is the most important way to deal with these crimes. Sentencing means judge discretion for selecting proper sentence for convicts of CYBERCRIMES. Sentencing is applied in three states: change of legal punishment، imperfect execution of sentence and non-execution of sentence. At first glance، sentencing for cyber criminals is similar to other criminals but differential legal penalization leads to differential sentencing. Differential approach to sentencing for CYBERCRIMES is based on contradiction relationship between cybercrime and cybercriminal. As much as cybercriminal deserve for easy sentencing for due to factors such as age، gender، location of offense and its circumstances، talents and high qualities، vice versa cybercrime deserves rough sentencing due to widespread damages، easy commit of multiplicity of crime، commit in different places، multiple challenges for cyber forensic and prosecution like anonymity. The importance of sentencing is depends on understanding the conflict between deserves of cybercriminal and concerns of cybercrime.

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

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Author(s): 

Farajzadeh Habibeh

Issue Info: 
  • Year: 

    2024
  • Volume: 

    5
  • Issue: 

    1
  • Pages: 

    98-110
Measures: 
  • Citations: 

    0
  • Views: 

    27
  • Downloads: 

    0
Abstract: 

The Draft United Nations convention against cybercrime, recognized as the first comprehensive United Nations document in the field of combating cybercrime, has been finalized with the aim of countering cybercrime and enhancing international cooperation in this regard. It criminalizes a wide range of offenses, including illegal access, illeagal interception, destruction of electronic data, Laundering of proceeds of crime and sexual exploitation of children. However, human rights concerns surrounding this convention, including broad surveillance powers, insufficient safeguards for privacy protection, and the risk of violating fundamental freedoms, are clearly evident. The convention's draft does not fully incorporate human rights principles, particularly in the areas of freedom of expression and privacy, which could lead to misuse of the treaty for surveillance and repression. The article emphasizes that to prevent human rights violations, it is essential to include more precise regulations and stronger protective safeguards in this convention.Keywords: Cybercrime Convention, Human Rights, Privacy Violation, Freedom of Expression, Surveillance Powers, International Cooperation, Safeguards.

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

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Journal: 

Judgment

Issue Info: 
  • Year: 

    2024
  • Volume: 

    24
  • Issue: 

    1 (117)
  • Pages: 

    86-94
Measures: 
  • Citations: 

    0
  • Views: 

    57
  • Downloads: 

    8
Abstract: 

The necessity of addressing the concerns of children, including cyber-victimization, which is one of the most significant issues, is evident and undeniable. Securing cyberspace for children requires mechanisms that, while increasing flexibility in cyberspace, lead to a reduction in CYBERCRIMES and to optimize conditions for the effective use of cyberspace. Accordingly, this article seeks to address the following questions: What harms and risks does cyberspace pose for children and adolescents? And what are the most effective preventive measures to deter children and adolescents from engaging in cyber-related offenses? The findings of the research indicate that, firstly, the cyber space has become highly influential in the lives of our children and adolescents, to the extent that it is perceived as an integral member of families. The cyber environment has the potential to exert highly detrimental effects on children and adolescents, fostering conditions that may lead to delinquency. Secondly, given the pervasive use of cyber space, the governing policies in our country, in addition to embracing the opportunities it offers, must also address its associated harms and threats. In this context, the primary role in developmental prevention within the cyber-family space is emphasized. The objective of this research is to propose situational prevention strategies to mitigate harms associated with the virtual environment. Through extensive library research, this study outlines situational prevention strategies aimed at addressing the risks of cyberspace. This research is applied in nature and employs a descriptive-analytical methodology. Library research methods and note-taking techniques were utilized in this study.

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

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