A Comparative study of Criminalization criteria in cyber space in the criminal system of Iran and Germany

Criminalization criteria in cyber space, in essence, declares the method of selecting moral regulations and its compilation in the form of laws.This approach is based on criteria such as: the principle of subsidiarity of criminal law, the principle of distinction in support of data, and other principles than are proposed to governments as an approach to criminal legislating in the convention of cybercrimes. This study attempts to answer the question, "To what extent are criminalization in cyber space, in the two criminal systems of Iran and Germany, are influenced by international criminalization criteria in this realm?", and "What successes does the experiences of the criminal system of Germany have for the criminal system of Iran?" To answer these questions, qualitative methods, such as qualitative analysis of the contents of Iranian and German criminal laws, and analysis of the discussion governing these laws, are used. Results of this study show that for example the German legislator strictly supports personal pleas, whereas the Iranian legislator only considers sensitive pleas as included iran support. Furthermore, the German legislator considers being a child a form of damage and considers a distinction in the support of individuals, whereas the Iranian legislator does not consider such a distinction.