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Author(s): 

JAVAN JAFARI ABDOLREZA

Issue Info: 
  • Year: 

    2011
  • Volume: 

    17
  • Issue: 

    SUPPLEMENT
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    5132
  • Downloads: 

    0
Abstract: 

Information technology development has deeply affected all aspects of social, economic, cultural, life including criminal Law. This development has forced Lawyers and policy makers of these areas to reflect deeply. Differences between traditional and cyber Crimes are such that long standing conventional criminal policy can no longer tackle them.Trans nationality, easiness of occurrence, anonymity of culprits and their large scale effects partly show the characteristics of these offences. These features on one hand and dependence of the modern social life’s structures on the other hand necessitate preparing a new criminal approach. Efficacy and efficiency of new acts against digital Crimes require a new advance to categories such as definition of Crime, elements of Crime, criminal responsibility and so on. The main focus of this article is explanation of reasons and requirements of distinguished criminal policy against cyber Crimes. Although analytical investigation of the Iranian criminal Law in cyber Crime is not the main aim of this writing, I tried to find out to what extent the differentiated criminal approach is adopted and applied by the Iranian criminal Law.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    2
  • Issue: 

    5
  • Pages: 

    61-74
Measures: 
  • Citations: 

    0
  • Views: 

    7154
  • Downloads: 

    0
Abstract: 

The legal basis for the Crime of traditional scam in Article 1 AH. T M M U U The Crime is one of the Crimes against property and property, which is: the acquisition of property by fraudulent means by fraudulent means. The material fray of the Crime of traditional fraud is one of the elements that is absolutely necessary to commit a criminal offense, and a Crime bound to result is necessary to commit the Crime of traditional fraud. All elements of "legal, material, and spiritual" are necessary. The pillar of the Computer Crime scam in Article 67 of the Code is a new Crime. The difference between scams with traditional scams is to commit these Crimes and also to distinguish between means of committing Crimes. Computer fraud involves one of the positive verbs of entering, modifying, fading, creating or stopping data, and so on, for studying "money or property or benefits or services or financial privileges." Computer scam is a Crime bound up with the outcome. And to commit the Crime of Computer fraud, the realization of all elements of the "legal, material, spiritual" element is necessary. Today, fraudsters use Computers and forge both for traditional and Computer-based fraud.

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Author(s): 

FARIBORZI E.

Issue Info: 
  • Year: 

    2011
  • Volume: 

    7
  • Issue: 

    27
  • Pages: 

    157-185
Measures: 
  • Citations: 

    0
  • Views: 

    4527
  • Downloads: 

    0
Abstract: 

Today, Computers and the Internet help people to run many tasks easily. But the speed and the ability to easily doing the tasks provide new open ways for committing a Crime. Thus, the governments are facing the increase of Laws to punish the people who abuse this technology and threat to personal privacy and their business, the public safety, and the national security.The purpose of the present paper is to study, explain and analyze the evolution of Laws related to Computer Crimes in Iran and in other countries. The occurrence of this Crime can be reduced with the appropriate information and education to prevent the happening of many other Crimes. In addition, it causes to reduce the existing legal vacuum in this area in the country. The paper proceeds to offer suggestions useful and helpul for the legislators as well as for the programmers and users of Computers and the Internet.

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Author(s): 

ZAKAVI MEHDI

Issue Info: 
  • Year: 

    2017
  • Volume: 

    18
  • Issue: 

    38
  • Pages: 

    103-131
Measures: 
  • Citations: 

    0
  • Views: 

    1912
  • Downloads: 

    0
Abstract: 

This study investigates the effect of the Computer games on behavioral deviance of the game-net boys and its relation to children’s and juveniles’ criminal conducts in rehabilitation centers. To this end, a questionnaire was applied to gather the data. It was a field research and a number of 65 children and juveniles in Esfahan rehabilitation center were required to answer the questionnaire. The questionnaire was also distributed among the same number of non-criminal juveniles who were accustomed to playing Computer games, but they were non-criminals. The data were analyzed in SPSS and through logistic regression. The results showed that there is a meaningful relationship between playing the Computer games on the part of the teenagers and their tendency toward criminal conducts. In fact playing Computer games had a latent effect on the youth and teenagers’ tendency towards the criminal conducts, but this variable, i.e. playing Computer games, was not so effective in the juveniles’ criminal conducts. One of the limitations of this study was the fact that the participants of this study at Esfahan rehabilitation center spent less than one hour a day playing Computer games. However, a large number of game-net boys play games much more than an hour a day. Therefore, the hypothesis concerning the effect of playing Computer games on the juveniles’ criminal conducts cannot be completely rejected unless the limitations of the study are removed and the participants of the study are selected from among those who spend more hours playing harsh Computer games.

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Issue Info: 
  • Year: 

    2001
  • Volume: 

    4
  • Issue: 

    4(Tome 17)
  • Pages: 

    53-74
Measures: 
  • Citations: 

    2
  • Views: 

    10007
  • Downloads: 

    0
Abstract: 

One of the most important threats to the world community in modrn age is the "Organized Crime". In criminology this includes the severe unLawful activities committed by the highly structured groups with special characteristics to obtain power and benifits, although in criminal Lawthese attributes are not necessary for the groups.This Crime however is as old as the nation, but the globalization of the economyand depending of the countries upon each other on economic matters and the development of the international comunication and transportation have cused it to become transnational and to expand its domain to international level. Organized Crime has been studied in criminology at first. Some states have criminilized it, but not widely, in their internal Law after appearance of its threats to the communityby th crriminologists.Furthermore, several regional and international treaties have been signed to combat Organized Crime. Because of its threats, the U.N. ConventionAgainst Transnational Organized Crime has been signed in November 2000 in General Assembly session of U.N. to promote international cooperation and harmonize internal Laws against transnational organized Crime. Because Iran has engaged in combatting organized Crime, especially drug trafficking, it is necessary for Iranian legislature to legislate proper Acts to prevent, control and supress manifestationsof Organizaed Crime.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    123-141
Measures: 
  • Citations: 

    0
  • Views: 

    245
  • Downloads: 

    0
Abstract: 

Field and Aims: CyberCrime is one of the Crimes that is considered in this regard due to the accelerated development of information and communication technology and short criminal history in this field. In recent years, the Islamic Republic of Iran has considered this area from the perspective of the penal system, but today, however, we clearly and abundantly face legal and criminological inadequacies in these Laws. The revision of Laws, based on specialized studies and in line with technology and up-to-date knowledge in the field of combating economic Crimes, is a cure for the unpleasant event of inefficiency of Laws in this field and, consequently, the spread of related Crimes. Methodology: In this research, which has been done through documentary studies and through the study of relevant Laws and domestic and international scientific and specialized sources, an overview of current Laws, including analysis of the need to review the Computer Economic Crimes Law in the form of descriptive research. We are analyzing. Findings: What should be considered as the most important element of this review and development is to pay attention to the results of specialized criminal evaluation in the field of Crime prevention and deterrence of related punishments, which show more than anything else the lack of legal instances of these Crimes and lack of Necessary comprehensiveness is present in the present Laws, in addition to the fact that the existing Laws do not have a sufficient deterrent aspect according to the results of field evaluations, therefore these cases deserve attention. In other words, increasing the security of this space and economic progress in the field of e-commerce depends on the adoption of accurate scientific and technical strategies, and the development of interdisciplinary knowledge as well as recognizing the criminal responsibility of individuals to deal with these Crimes. Conclusion: Finally, the legislator should provide as much as possible the context of a deterrent, inclusive and beneficial criminal policy to the society to deal with such Crimes and by formulating and approving up-todate, efficient and appropriate Laws, the field of Computer economic Crimes under He controlled and supervised the ruling forces of the society.

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Author(s): 

FATAHI MOKHTAR

Issue Info: 
  • Year: 

    2018
  • Volume: 

    2
  • Issue: 

    6
  • Pages: 

    99-120
Measures: 
  • Citations: 

    0
  • Views: 

    5396
  • Downloads: 

    0
Abstract: 

The Computer Crime Law passed in 2009 is one of the most complete Laws in the field of Computer and cyberCrime. The Law in Chapter 1: Offenses against the confidentiality of data and Computer and telecommunications systems, including unauthorized access, unauthorized listening, Computer spyware, in Chapter 2: Offenses against the integrity of data and Computer systems and Telecommunications; Computer forgery; destruction and disturbance of data or Computer and telecommunication systems; Chapter 3: Computer theft and fraud in Chapter 4: Crimes against Chastity and General Ethics; Chapter 5: Hatters of Dignity and Publication Lies and in the seventh chapter other Crimes are criminalized.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2023
  • Volume: 

    6
  • Issue: 

    17
  • Pages: 

    27-36
Measures: 
  • Citations: 

    0
  • Views: 

    235
  • Downloads: 

    48
Abstract: 

Knowing the aggravating qualities of the Crime has important effects in determining the criteria for the diagnosis of serious Crimes. The types of aggravating factors include the general factors of aggravation, which in Iran's criminal Law are exemplified only in the two factors of multiplicity and repetition of the Crime, and specific factors, which are divided into objective factors and personal factors. The existence of Crime is always dangerous for the people of the society, but in some cases committing a Crime in the form of its frequency and repetition is considered a special threat. In this situation, in order to prevent such Crimes from being committed, the legislator has to enact special provisions in the form of increasing the punishment in order to establish justice in the society. Multiplicity and repetition is one of the general causes of punishment escalation because it is not specific to specific Crimes and if it is found in any Crime, it causes the punishment to be intensified. This article, by using the analytical descriptive method, while comparing the ways of intensifying the punishment, tries to find out the nature of the qualities. To identify the aggravated Crime in the Laws of Iran and England.

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Author(s): 

SADEGHI M.H.

Journal: 

Issue Info: 
  • Year: 

    2003
  • Volume: 

    19
  • Issue: 

    1 (37)
  • Pages: 

    120-135
Measures: 
  • Citations: 

    0
  • Views: 

    1900
  • Downloads: 

    0
Keywords: 
Abstract: 

This article is an analysis of the position of Iranian Criminal Law on the issue of the Crime of torture while considering the international and domestic efforts made against it Attempts have also been made in this article to illustrate the necessary elements for the formation of the Crime torture, the issue which has been subject to conflicting views among scholars, and to examine the prescribed punishments for it's offender in the Iranian criminal Law.

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Author(s): 

SADEGHI M.H.

Journal: 

Issue Info: 
  • Year: 

    2003
  • Volume: 

    19
  • Issue: 

    1 (37)
  • Pages: 

    120-135
Measures: 
  • Citations: 

    0
  • Views: 

    605
  • Downloads: 

    0
Keywords: 
Abstract: 

This article is an analysis of the position of Iranian Criminal Law on the issue of the Crime of torture while considering the international and domestic efforts made against it Attempts have also been made in this article to illustrate the necessary elements for the formation of the Crime torture, the issue which has been subject to conflicting views among scholars, and to examine the prescribed punishments for it's offender in the Iranian criminal Law.

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