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Author(s): 

ARMAN ALI

Issue Info: 
  • Year: 

    2022
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    27-43
Measures: 
  • Citations: 

    0
  • Views: 

    195
  • Downloads: 

    0
Abstract: 

Background and purpose: The emergence of the Covid-19 has threatened physical and mental health and has negatively affected the economy of all countries in the world as well as the people’ s daily life. All countries of the world have imposed restrictions such as travel, quarantine, school closures, social distancing measures. In the current situation, information and communication technologies and cyberspace play a significant role in establishing communication between the people. Most of the countries in the world use remote working systems and online mechanisms of education letting students and staff stay and work from their homes. There has also been a very high demand in activities such as telecommuting, electronic health care systems, food delivery and online shopping. The cyberspace criminals have taken the Covid-19 Pandemic as an opportunity to launch attacks against financial interests and promote their nefarious purposes. Findings: During the outbreak of the Covid-19, ransomware, phishing attacks and botnets have targeted the banking systems, personal virtual space education, health care and resources such as the confidentiality of patient records which have endangered privacy and have compromised the confidentiality and integrity of data. People are falling prey to cyber-attacks through Covid-19 related content. Results: In this article, several important cyber security threat methods that existed or could occur during this pandemic have been examined. We have also discussed the concerns in the midst of this privacy-centered pandemic and finally examined some of the ways to deal with these threats. Abidance by the ways and methods revealed through this research will enable the people to keep safe in the cyber space to a noticeable degree.

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Author(s): 

Fathi Hojjatollah

Issue Info: 
  • Year: 

    2022
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    1-15
Measures: 
  • Citations: 

    0
  • Views: 

    326
  • Downloads: 

    0
Abstract: 

Due to the expansion of cyberspace users, the types of cybercrime have increased day by day and the manner of occurrence of these CRIMES has become more diverse and advanced. Noting inconclusion of or inefficiency of the criminal laws governing the TRADITIONAL CRIMES, many of the countries worldwide, including Iran, has opted for legislation and enactment of special laws regarding cyberCRIMES. One of the principles of criminal law is the proportionality of the crime and the punishment and the balance between the punishments in similar CRIMES. The question that the present article seeks to answer is ‘ whether a balance has been abided by between the punishments determined for similar CRIMES in the TRADITIONAL and cyber space? ’ . The research method in this article is descriptive and analytical in terms of collecting library resources and in terms of its content. A comparative study of the punishments for TRADITIONAL theft and cyber theft, TRADITIONAL fraud and cyber fraud, and encouraging corruption and prostitution in the TRADITIONAL space and cyberspace, indicates that the principle of proportionality of crime and punishment and the balance of punishments in similar mentioned CRIMES have not been observed. Punishments for similar cyberspace CRIMES are far lighter than the same CRIMES in the TRADITIONAL environment, which seems to have no legal justification and requires a review and amendment of the law.

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Author(s): 

JAVAN JAFARI ABDOLREZA

Issue Info: 
  • Year: 

    2011
  • Volume: 

    17
  • Issue: 

    SUPPLEMENT
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    5131
  • 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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Author(s): 

BIABANI Q.H.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    2
  • Issue: 

    5
  • Pages: 

    68-100
Measures: 
  • Citations: 

    0
  • Views: 

    1121
  • Downloads: 

    0
Abstract: 

The most dangerous CRIMES which threaten our economic, social and even political security, due its unique characteristics, are organized CRIMES which has emerged in new shapes as the technology progresses. Because of the complexity of criminal groups and their networks and accomplices it greatly affects the economy, politics and the international society. It is not easy to detect all of their activities but most of them are organizations which have strong and rich communities. The total assest of some of these organizations may be as huge as some countries total budget. Their target is profit seeking rather than getting political strength. According to Interpol research report, fourteen percents of the GBP for developing countries and two percents of the GBP for developed countries is consumed by them. This research investigates the organized CRIMES in a documentary method. Reinforcing the combating tools and signing new regional and international contracts for cooperation's between police forces as well as legal cooperations can reduce their threats.

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Author(s): 

ZARROKH EHSAN

Issue Info: 
  • Year: 

    2010
  • Volume: 

    74
  • Issue: 

    69
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    290
  • Downloads: 

    0
Abstract: 

Due to the growing development of technology in recent times, great changes have occurred in man’s life, having positive and negative aspects; among the most important achievements is the telecommunicative progress which has brought human from telegraph and first telephones to internet phones. Such progress has caused commitment of many CRIMES, including communicative ones, which can be divided into pure telecommunicative and telecommunication-related CRIMES; each of these classes includes a wide spectrum of CRIMES.The first category constitutes of CRIMES committed with telecommunicative tools and CRIMES against telecommunicative systems; while the latter consists TRADITIONAL CRIMES which are transformed by telecommunicative systems.In the Iranian legal system, despite the attempts to cover the instances of such CRIMES, a lot of partial and limited regulations and flawed criminalization have been made; a fact that necessitates a change in legislator’s approach and carrying out structural amendments in this field.

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Issue Info: 
  • Year: 

    2005
  • Volume: 

    8
  • Issue: 

    (TOME 37)
  • Pages: 

    23-48
Measures: 
  • Citations: 

    1
  • Views: 

    7715
  • Downloads: 

    0
Abstract: 

Criminalization of certain deviances was brought forth in the light of the punishment concepts of Jeremy Bantam, but further developed under the influence of the positivism school teaching, especially the Dangerous mood theory, and for the time being, is recognized as the "preventive CRIMES". Nowadays, the criminalization of such a behavior does not conform to the standards offered by the criminal law philosophers about criminalization. Considering the standards for reasons balancing, social compliance, prohibition of imposing damages on others and filtering what concerns the criminalization, in other to recognized a behavior as a crime (crimnal act) it is essential that First,the concerned behavior be inconsistent with the ethical principles and values of the society. Second, the application of non-penal actions would not be effective in counteracting that behavior. Third, there should be executive and practical grounds for fierce encounter with that behavior. As the aforesaid indications have not been observed in the criminalize tion of the preventive CRIMES, considering them as a crime can not be rationally justified. On the other hand, the nature of such deviant behaviors is so that through application of non-penal actions and preventive means, their extent can be limited. Therefore, as the first step, we should overlook the suppressive penal actions when confronting such behaviors and recommend the exercise of means law as the last penal of the Social Defense System. Iran criminal legislation does not follow a particular logic concerning such behaviors. Some of these behaviors in the Iranian Penal Code have been referred to as criminal acts, despite the fact that they are far beyond any criminalization logics.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    24
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of CRIMES by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international criminal law, the CRIMES of genocide, and CRIMES against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international criminal law, especially committing CRIMES of genocide and CRIMES against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

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Writer: 

moosaienejad Azadeh

Issue Info: 
  • Year: 

    2016
  • Volume: 

    3
Measures: 
  • Views: 

    145
  • Downloads: 

    61
Abstract: 

NOWADAYS, FINANCE IS FAR REMOVED FROM THE FORM AND SHAPE IT USED TO BE ASSOCIATED WITH IN THE PAST, AND THERE SEEMS TO BE AN UNDERCURRENT TENDENCY TOWARDS ITS MODERNIZATION, USING THE INTERNATIONAL COMMUNICATIONS TO CUSTOMIZE ITS STRUCTURE TO MAXIMIZE THE PROFITS OUT OF NEW TECHNOLOGIES IN HAND. THESE COMMUNICATIONS WILL AFFECT THE WORLD TRADE WITH THEIR INTERMINABLE ZEST FOR IMPROVEMENTS IN RELATIONS. NEVERTHELESS, THIS PROCESS MAY CAUSE COMPLICATIONS AND SIDE EFFECTS THAT CAN GENERALLY BE CATEGORIZED AS RISKS. THESE COMMUNICATIONS ARE ALWAYS SUBJECT TO BE ABUSED BY PEOPLE WHO MAY COMMIT ACTIONS CONSIDERED AS FINANCIAL CORRUPTIONS. THIS PAPER AIMS TO EXPLORE ISSUES SUCH AS MONEY LAUNDERING AND EXCHANGE CRIMES, TO IDENTIFY THEIR DESTRUCTIVE CONSEQUENCES THAT MAY CAUSE IRREPARABLE HARMS ON THE WHOLE ECONOMIC STRUCTURE.

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

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    1
  • Issue: 

    3
  • Pages: 

    8-40
Measures: 
  • Citations: 

    0
  • Views: 

    53
  • Downloads: 

    0
Abstract: 

Criminal protection of the capital market is considered as a separate matter in the rights related to investment. The purpose of this support is to protect the rights of shareholders, to create order in the stock trading market, and also to prevent harmful behaviors. In order to achieve these objectives, it is necessary that the determined criminal execution guarantees are appropriate to the committed behaviors and have been formulated and approved in order to achieve these objectives. The 6th and 7th degree punishments, which were modified and suspended in different ways in the reforms of 2019, cannot be considered as a deterrent and, of course, a reformer in the case of harmful stock market behavior. On the other hand, due to the spread of stock market activities at the community level and the involvement of different groups of people in this economic scene, and following the occurrence of some harmful behaviors with a wide range, the proportion between the behavior criminality and determined legal punishments, to be violated in an obvious way. It seems that in order to compensate for this shortcoming in Iran's criminal policy, it is necessary to carry out a fundamental review of criminal behavior and on the other hand, taking into account the amount of damage caused to individuals and the economy as a whole, appropriate CRIMES should be established that have deterrent power and restorative properties. to have ​

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Author(s): 

Talebi Rostami Mahbobeh

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2025
  • Volume: 

    8
  • Issue: 

    24
  • Pages: 

    -
Measures: 
  • Citations: 

    0
  • Views: 

    12
  • Downloads: 

    0
Abstract: 

Cryptocurrencies, or digital currencies, introduced to society based on block chain technology, are currencies that can be converted into money and vice versa. Some organizations, especially cybercriminals, use it as a payment method. This, along with the increasing popularity of cryptocurrencies, in both criminal and non-criminal aspects, has led to the emergence of a series of anomalies. Some countries have accepted cryptocurrencies, while others have either not accepted them or have remained silent. Given the various and numerous advantages they have, cryptocurrencies facilitate other CRIMES, including cybercrime, but of course, combating the facilitating role of cryptocurrencies depends on the will of governments to legislate and regulate organizations. This research uses a descriptive-analytical method to examine and analyze CRIMES related to cryptocurrencies. The research conclusion emphasizes the need to strengthen infrastructure, develop global cooperation, and develop specific regulations for the use of these tools so that the Iranian criminal system can be more efficient in combating digital money laundering. In fact, the formalization of digital currencies, in addition to numerous benefits, provides opportunities for implementing new mechanisms to combat money laundering, the preventive solutions of which will be introduced in this research.

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

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