Analysis of Criminalisation of Production and distribution of Purely Criminal Softwares and Electronic Devices in Iranian Penal Policy in the Light of International Instruments

Criminal law which has the power of criminalization, is the most important approach of governments in the combating of cybercrimes. Considering criminal law in this respect, it can be said that criminalization happens in two aspects: First, criminalization of conducts that breach ethics and are harmful to others and second, criminalization of conducts that are not harmful, themselves, but are helpful for the commission of crimes. Production, sale, procurement for use, import and distribution of the devices and software that are purely designed for the commission of crimes are settled in this category. Section 753(1) of the Iranian Islamic Criminal Act, criminalizes these conducts. Despite the simplicity of this section there are some practical problems that are necessary to be scrutinized. Such as what is the attitude of Iranian criminal law in respect of device with dual use, what is the exact meaning of cybercrime in this respect and if the mere keeping this device is a crime. This paper with comparative approach seeks to solve these problems. So, first of all, reviews the international instruments and countries statutes, find the similarities and differences and analyzes them in the light of criminal law principles to find rational and practical solutions.