Pitfalls of Iran's Criminal Policy Regarding Unauthorized Acquisition of Military Computer Data

Unauthorized acquisition of military computer data causes acquisitive to use them for cyberattacks on military infrastructures, which in practice may destroy vital military systems such as offensive systems. And the defense will come. The legislator in paragraph (a) of Article 731 of the Islamic Penal Code has only provided for the acquisition of secret data in general, and there is no explicity about criminal title "unauthorized acquisition of computer data" in Article 131 of the Criminal Code of the Armed Forces. The importance and sensitivity of military computer data requires appropriate measures to be established both in the field of criminalization and punishment. In this research, how is Iran's criminal policy regarding the unauthorized acquisition of military computer data and whether there is a significant gap and deficiency in this regard or if there are other laws, such a defect or gap will be ruled out. It will be paid. The present study, while examining the relevant articles in the Criminal Law of the Armed Forces and the Law of Computer Crimes, using a descriptive-analytical method and based on library sources, concludes that Iran's criminal policy regarding the unauthorized acquisition of military computer data Both classified and unclassified by military and civilian persons, they did not enjoy the principle of deterrence and the principle of proportionality of crime and punishment, in this regard, there is a need for amendment and legal gaps that require the provision of measures that are appropriate to the importance of the data. There are military computers that have been presented in this direction.