Criminal jurisdiction in cyberspace
One of the new incoming issues in the field parallel to the changes of information and computer technology, is a new virtual world called cyberspace. The most important issue that should be considered in this area, is to decide on how to determine the judicial authority competent to deal with crimes committed in the area of jurisdiction of the criminal courts. This study, first examined the elements of cybercrime by using cross - sectional, then analysis jurisdiction over crimes committed according to nature of the crime and the circumstances of the crime (particularly crime location). In this study, data collection method is the library form. In this way that the documents, including laws,criminal regulations and existing procedures collected and examined.Expert works including books and scientific articles considered by author in analyzing the rules. Due to the nature of the current library study, the basic tool is a plug investigation. Research topics related to the Plan is divided in multiple seasons, then according to the subject of each chapter, research jacks are provided. Analysis of information is in two ways: first, to review existing laws and elements of the crime in cyberspace (inductive) and then compared with the general principles of the Criminal Procedure Code of Criminal Procedure and Iran’s criminal law and the general principles governing them, we focus on analyzing Jurisdiction in cyberspace. The results are as followed, except for cases stipulated in Iran’s law of computer crime law that delineates the sovereign territory of Iran addressed cybercrime seems to be on all Code of Criminal Procedure in other cases like competence inherent local, personal and referred to cybercrime, and use conflicts of competence in the domestic sphere as well, whether positive or negative
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.