A comparative study of the territorial jurisdiction in dealing with cybercrimes based on Iran's criminal system

The use and utilization of information and communication technology, despite the positive effects and facilitation of communication and global interactions, has caused a challenge in determining the rules governing the jurisdiction of criminal courts for crimes committed in cyberspace. And the determination of a competent criminal court to deal with crimes committed in real space are mainly based on place and border, while in cyberspace there are no borders and restrictions. Therefore, the present study answers the question of whether the traditional rules of jurisdiction in cyberspace Is it applicable? And what are the challenges of exercising this competence in cyberspace? Research

This research is done by exploratory method and in a descriptive-analytical manner, using library sources and documents and referring to judicial opinions and opinions of legal scholars.

The biggest challenge in determining the competent criminal court for crimes committed in cyberspace is related to territorial jurisdiction because the lack of dependence on a specific place is a feature of cyberspace. With the advent of cybercrime, the rules of jurisdiction are changing. As a result, it is no longer possible to proceed based on traditional rules regarding these crimes, but the previous rules are not completely obsolete and with a few changes in them, the types of competencies in cybercrime can be redefined.