مطالعات فقه و حقوق اسلامی (Sep 2022)

The typology of responding to offence in cyberspace

  • Neda Bigdeli Azari,
  • Hamid Masjedsaraie,
  • Batool Pakzad

DOI
https://doi.org/10.22075/feqh.2022.28467.3383
Journal volume & issue
Vol. 14, no. 28
pp. 21 – 54

Abstract

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One of the challenges that human society is seriously dealing with its consequences and the problems caused by it are increasing day by day, is virtual innovations by cyber criminals. Since many laws in the world do not have the same efficiency and effectiveness in cyber space, it is possible to easily violate them without the worry of facing criminal and non-criminal responses. Anticipating criminal sanctions in new fields such as information and communication technology, in addition to the protection and stability of order and security of the society, also provides the human rights standards of citizens. It is obvious that the effectiveness of the criminal and non-criminal sanctions regarding the offenses Virtual space depends on deep, wide and multi-dimensional research, but before this, there was less research about the efficiency and effectiveness of the responses mentioned in this field, as well as providing a perspective of a suitable criminal and non-criminal response system. Therefore, with the aim of obtaining the desired response, this research has been written with a descriptive-analytical method and using library and internet resources. According to the results of this article, it is necessary to use the capabilities of the restorative justice model to grow the efficiency and effectiveness of the guarantee of criminal executions.

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