پژوهش‌نامه حقوق اسلامی (Nov 2016)

Criminal policy of the Islamic Republic of Iran in dealing with cyber crimes

  • Amir vatani,
  • Hamid Asadi

DOI
https://doi.org/10.30497/law.2016.1959
Journal volume & issue
Vol. 17, no. 2
pp. 99 – 126

Abstract

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It is the main focus of criminal policy of any country to prevent and cope with crimes, and to realize this objective, various means should be utilized in participatory, judicial and legislative types of criminal policy. With increasing expansion of cyberspace, using of computers and internet by people and possibility of crime against information technology, it is of a great importance to set an appropriate criminal policy against cybercrimes. Legislative criminal policy is a regulatory task in a country by which the regulation body will take technical measures in order to secure cyberspace sometimes implicitly and sometimes explicitly while dealing with cybercrimes; of which one of the most important measures is enactments of Cyberspace High Council. In participatory criminal policy, different governmental and non-governmental tools are used for prevention of and coping with crime. One method for having control on cybercrimes which can be done by civil bodies and individuals with participation of people and can be considered as an example of “enjoining good and forbidding bad” in prevention cybercrimes is supervision on inputs and outputs; by which it is tried to block access of attackers to financial information which can be done for example by using of passwords in computers and anti-monitoring software as one of the most important methods of it. In judicial criminal policy which is reflected in judicial procedures and verdicts of courts, is the judiciary acting as with a preventive approach regarding cybercrimes with the help of other authorities such as MAHER Center (CERTCC – Computer Emergency Response Team Coordination Center), APA Center (CERT – Computer Emergency Response Team) and Cyber Police.