چکیده:
Background and Objective: Traditional and virtual fraud crimes are criminalized in Iranian law, and legislators have prescribed punishments for them. In cases of emerging and virtual crimes such as fraud, the legislator has not established a proportionate legislative criminal policy to reduce crime and punishment. The aim of this research is to explain the basis of criminal policy in the crime of computer fraud and to present types and express strategies of differential substantive criminal policy. In this research, the concept and theoretical basis of substantive criminal policy will be discussed based on the general elements constituting the crime of computer fraud. Research Method: The research method is descriptive and analytical, conducted by collecting library materials and expressing differential substantive criminal policy based on the strategy and guidance of the elements constituting the crime. Findings: Differential criminal policy in the crime of computer fraud can prevent computer fraud crimes to a large extent based on the constituent elements of the crime. Conclusion: Based on the presented foundations and by reviewing Iran's criminal laws regarding the crime of computer fraud, it can be concluded that with the description of increasing the punishment of offenders in this crime, in many cases, the defendants of this crime are acquitted; therefore, differential criminal policymaking in view of the constituent elements of the crime seems necessary. This research, considering the constituent elements of the crime, aims to provide differential strategies and solutions in the crime of computer fraud.
خلاصه ماشینی:
22034/DET/202212669791267 Article Type: Research Analysis of Differential Criminal Penal Policy in Computer Fraud 1 Amir Ahmadi * Abstract Background and Objective: Traditional and virtual fraud crimes have been criminalized in Iranian law, and the legislator has prescribed punishments for them.
Based on the presented foundations and by reviewing Iran's criminal laws regarding computer fraud, it can be concluded that with the description of aggravating punishment, offenders in this crime are acquitted in many cases; therefore, differential criminal policymaking, taking into account the elements constituting the crime, appears necessary.
In this research, general differential strategies involving deviation from traditional and classic patterns are presented, taking into account the substantive law of the legal element of crime in the emerging crime of computer fraud, in order to make punishments more effective to combat this crime.
Accordingly, with the expansion of computer fraud, the legislator has adopted a new criminal policy so that by departing from its traditional and classic form in Article 13 of the Computer Crimes Law, the conditions for the realization of computer fraud have been reduced, and elements of trickery, deception, and fraudulent use are not seen in the realization of the crime of computer fraud.
In Article 122 of the Islamic Penal Code and the Law for the Intensification of Punishments for Perpetrators of Bribery, Embezzlement, and Fraud, the attempt to commit crimes, including both traditional and computer fraud, has been criminalized.
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