Existing Challenges and Gaps in Tackling Cybercrimes

The age of using information and communication technology and consequently using cyber space has confronted human societies with new challenges in all social, economic, cultural, religious aspects. Crimes committed in this space have different specifics from real space crimes. These specifics are such as limitless and intangibility, easy and fast access, easy to change and anonymity which has increased the speed of committing crime in this space, are the most important specifics. Therefore, tackling these crimes has its own method. A little time after the development of information and communication technology, it was clear that the concern of criminal law on criminal digital events, is more laid on procedural criminal law or Criminal Procedure Code. Not only cyber space has changed the basis and constituents of this area fundamentally, but also is counted as the gateway of creating substantive criminal law. Therefore, any failure in explaining and enforcing the rules of cyber Criminal Procedure Code, confronts the best criminal cases with failure and makes criminal laws obsolete. It also makes the criminals brave, because they see that the effort of community to control and reply tem appropriately is failed and they continue breaking the norms with more power. Thus, the modernity of cybercrime and the method of committing these crimes, has faced tracking and tackling these crimes with some challenges and gaps from the aspect of procedure issues and classic law approaches are no more responsive and tackling these crimes has some problems that we will process them in this research.