Cyber ​​theft, legal challenges

In the investigation of the penalty for electronic theft in Iranian law, it was noted that due to the general and private relationship between computer crimes and electronic theft, electronic thefts are subject to the penalties stipulated in the Computer Crimes Law, but in this research in a descriptive manner – an analysis was carried out and it was decided that due to the diversity and complexity of theft Electronic and the fact that most aspects of cyberspace are unknown, the legislator was unable to determine the penalties for this type of theft according to the existing facts, and as a result, the analysis of the articles of the computer crime law shows that the penalties stipulated in this law, taking into account the extent of the damage caused For electronic thefts, it does not contain the necessary deterrence, in addition to the great difference between punishing electronic thieves and traditional thieves, even in the computer crime law itself, there is a difference between penalties for natural and legal persons as well, and the legislator has been silent on challenges such as the limit of theft.

From a legal point of view, this definition can be given to cybercrime, any action that takes place through cyberspace and by using the means of communication with cyberspace and violates the specific rights of individuals, and in this way only the crimes that fall within the scope of this are defined as those that are committed through space default and using tools to connect to this space. Although no society can be imagined without crime. On the other hand, humans have never been indifferent to the occurrence of crime and strive to combat it. Computer theft as a dangerous phenomenon in the age of electronics and communications, compared to the classic theft, it has many capabilities such as high accuracy, high speed, storage of a large amount of information, ease of commission, effort, and other advantages of being side and vital. Transnational and limited On the other hand, due to the indefinite location of computer space and users, these crimes cannot be classified as traditional theft. In order to explain the criminology of computer theft, which is a computer financial crime, the personality of cybercriminals and the rooting of criminality with effective preventive methods. What is emphasized in the factors of electronic theft is the identification of individual and social factors that affect this crime, and in the discussion of social prevention, what is meant is the neutralization of the motivation to commit a crime in the perpetrator, and situational prevention, the environment of the crime is taken into account.

Due to the exponential growth of technology and the increasing use of mass communication tools such as the Internet, crimes cannot be considered limited to those included in the Criminal Code, which deals mostly with classic crimes. It was committed by individuals who did not have specific titles or the provision stipulated in the law, and the law was facing a clear gap in this regard. For example, due to the increase in data processing in companies and offices, valuable economic data for government administration and… are widely stored in systems and data in this context, we have gradually seen hackers gain unauthorized access to systems. There is no doubt that these actions led to risks and damages that require the protection of the law. Therefore, the necessity to ensure the security of information and the privacy of legislators was to fill the loophole in the law by passing a special law and pave the way to stop the abuse of beneficiaries.

In Iran, the need for such a law was more apparent in 2008 and 2010, when there was a growing increase in cybercrime. Hackers who stole information by hacking Internet domains, and according to the Iranian Penal Code, have no penalty of their own in 2008, The General Computer Crimes Act bill to adjudicate criminal cases from computer and communications systems was approved by 176 votes in favor, 3 against and 2 abstentions in July 2018. Penalties under this law include imprisonment and a fine.

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