Volume 25, Issue 91 (fall 2020 2020)
__Judicial Law Views __2012__, 25(__59__): __224255 |
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farajiha M, alamdari A. Principles for the criminal protection of data in the light of international documents and penal system of Iran and Germany. دیدگاههای حقوقی 2020; 25 (91) :233-255
URL: http://jlviews2.ujsas.ac.ir/article-1-1402-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1402-en.html
1- Tarbiat Modarres University Law School , mohammadfarajiha@gmail.com
Abstract: (1075 Views)
Criminalization of an act in cyberspace, and limits of other formal, and informal control means is considered as a determining factor for liberation scope; so it should have strategic principles. These criminalization principles are: Principle of Criminal Interaction Intervention with Supportive Interventions, the principle of determination of criminal titles' scope, and other mentioned terms in the Budapest convention on cybercrimes, and additional protocol of 2001, that is a pattern, and guide which determines Selection method, and applying of moral rules, and framework of criteria, and limits based on certain theoretical bases, and normative considerations. In an analytical-descriptive manner, this paper tries to answer this question how much an action is considered in two legal systems of Iran, and Germany to criminalization in cyberspace, and what the useful findings of German criminal system for Iran criminal system are? Findings show that German legislator has made, according to cybercrimes' convention and some international instruments, a determination between criminal scope and limits, and used of pecuniary based on administrative, and civic enforcements as much as possible. But this determination has been not made by Iranian legislator.
Keywords: Cybercrimes, The protection of data, Criminalization, The principle of deliberation, The principle of distinction.
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2018/09/09 | Revised: 2022/12/28 | Accepted: 2019/09/23 | Published: 2020/10/06 | ePublished: 2020/10/06
Received: 2018/09/09 | Revised: 2022/12/28 | Accepted: 2019/09/23 | Published: 2020/10/06 | ePublished: 2020/10/06
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