نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Cyberspace has the capability for the entry of every human being regardless of age, gender, and nationality with different thoughts. The possibility of committing various crimes exists in this domain, just as all positive functions do. This matter necessitates the discussion of cyber security. One of the most important factors in addressing this subject is the necessity of protecting victims, especially considering the trans-spatial and trans-border dimensions of crimes committed in cyberspace. Indeed, on the one hand, due to the lack of access to the location of cyber criminals in some instances caused by changing or spoofing IPs, and on the other hand, due to the failure to discover crimes in a timely manner and the not-so-suitable speed in identifying the perpetrator, attention to protective approaches in this field within the framework of adopting passive jurisdiction in handling these crimes has made it inevitable. This research intends to answer the question of how the Iranian judicial system can resolve the challenges of cyber security. To answer this question, a data analysis method in a descriptive-analytical form has been used. The results indicate that the Iranian judicial system, in alignment with certain transnational documents and the capacity to utilize the provisions of Article 8 of the Islamic Penal Code and Article 664 of the Criminal Procedure Code, can resolve many legal challenges and loopholes to protect victims and facilitate the strengthening of security. Recourse to the principle of passive jurisdiction in international criminal law regulations and the expansion of national and regional jurisdictions is considered the most important solution in this arena.
کلیدواژهها English
