چکیده:
The crime of computer fraud is one of the most important computer crimes. This crime, like the crime of classical fraud, is considered a crime against property and ownership. Not every fraud committed by computer is necessarily called computer fraud, because criminals use computers both as a means of committing classical fraud and computer fraud. Computer fraud and classical fraud differ in terms of the process of commission and constituent elements. This difference has made the laws and regulations relating to traditional fraud inapplicable to computer fraud. Given the international dimension of computer crimes, some regional and international organizations have provided criteria for defining the crime of computer fraud and have asked member states to take action to criminalize this crime in accordance with them. In Iran, computer fraud in the context of electronic transactions has been criminalized, but it has not yet been criminalized in other contexts. The Iranian legislator's lack of attention to technical issues related to computer fraud in the context of electronic transactions has created flaws in Article 67 of the Electronic Commerce Law. Article 8 of the draft Cybercrime Law also faces technical flaws. The drafters of this draft have also failed to properly criminalize computer fraud. Given the international aspect of computer fraud, the Iranian legislator should use the experiences of other countries and international organizations when criminalizing this crime.
خلاصه ماشینی:
According to Article 8 of the Cybercrime Convention1, computer fraud is defined as: "Any entering, changing, deleting or stopping of computer data or disrupting the operation of a computer system that is done intentionally and without right and with the intention of fraudulently or unfairly acquiring an economic benefit for oneself or another and causing financial damage to another2.
The explanatory report of the Cybercrime Convention (Sh 88) regarding the result of the crime of computer fraud states: “Fraudulent manipulations are criminalized only when they directly lead to economic damage or cause the loss of another’s ownership of their property, and the perpetrator acts with the intention of obtaining unlawful economic gain for themselves or another person, and the term ‘loss of property’ has a broad meaning.
Considering the explanations provided regarding the material and mental elements of the crime of computer fraud from the perspective of the Cybercrime Convention, this section of the discussion will comparatively examine the constituent elements of the crime of computer fraud under the Electronic Commerce Law. A- Legal Element Aware that computer fraud is not punishable under Article 1 of the Law for the Intensification of Penalties for Embezzlement, Bribery, and Fraud, Iranian lawmakers criminalized computer fraud in the context of electronic transactions when enacting the Electronic Commerce Law. Article 67 of the Electronic Commerce Law stipulates regarding the crime of computer fraud: “Anyone who, in the context of electronic transactions, abuses or uses without authorization (data messages), computer programs and systems, and remote communication tools, and commits acts such as entering, deleting, stopping (data messages), interfering with the operation of a computer program or system, etc.
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