Mechanisms of countering computer frauds in the penal law of Iran

In view of the rapid growth of the computer technology and development in the information age and expansion of network communications, coupled with the facilitation of commission of the modern-technology-related crimes, the issue of updating and the need for legislation of laws is very imperative. Computer fraud is one of the oldest forms of computer crimes with financial aspects. Although general policies to counter various types of fraud are almost the same the existing differences in the various methods of fraud call for employing appropriate countering measures. Part of these countering methods needs establishment of the culture of using computers and awareness of individuals and organizations of the risks of the computer systems. At the same time, constant monitoring of the computer systems by organizations and adopting security policies such as physical security, personnel protection, communication protection and information protection against computer fraud are of special importance. On the other hand, the mere criminalization of a behavior is not sufficient for countering it, rather execution of the instructed sanctions vis-à-vis the criminal is also necessary, something that requires discovery of crime and chasing and detaining the criminal. However, since commission of computer crimes does not require the presence of the criminal at the scene of the crime and whereas computer crimes are extra-territorial and judicial authorities are restricted by the geographical borders, international cooperation in the area of discovery, prosecution and extradition of criminals should be emphasized.