COMPUTER FRAUD

The crime of computer fraud is one of the most important computer crimes. This crime like the crime of classic fraud is one of the crimes against property. Any kind of fraud committed by computer is not called computer fraud, because the criminals use the computer as a tool for committing both classic fraud and computer fraud. The computer fraud and classic fraud are different in actus reus. Such a difference has caused that the acts ruling on classic fraud are not applicable for computer fraud.Considering the international aspect of computer crimes, some international regional and global organizations have presented definitions for the crime of computer fraud and have recommended to their members to consider them for criminalization.In Iran, computer fraud in the field of electronic interchanges has criminalized, but not in the other fields. Lack of paying attention to technical issues related to computer fraud by Iranian legislators has caused some technical problems in article 67 of electronic commercial code. The article8 of draft of computer crimes act has some technical problems too and the provider of this draft could not criminalize computer fraud correctly either. Considering the international aspect of computer fraud, the Iranian legislator should use the international experiences in criminalizing crime.