Analysis of the Physical Element of Computer and Traditional Theft

Traditional theft as defined in Article 267 of the Islamic Penal Code; There are two types of theft subject to hadd or ta'zir. Stealing property belonging to another is punishable only by the definition of traditional theft. Theft of computer data or copying them under certain conditions is specifically criminalized in Article 12 of the Computer Crimes Law (Article 740 of the Islamic Penal Code - Book of Punishments), the most important reasons of which may be the existence of a separate context with a different nature and differential criminal policy. The main question of this research is what are the most important aspects of the differences and similarities and challenges between these two crimes (in terms of actus reus)? To answer this question, it is first necessary to analyze the of actus reus of these two crimes and then compare them to answer the above question. The most important challenge and difference between these two crimes is related to the context of the crime and the persistence of the data principle in computer theft, which has especially distinguished it from the traditional theft crime subject to hadd. The research method of this article is library and resources and data related to this subject have been used.