چکیده:
In accordance with the Electronic Commerce Act، suppliers are obliged to respect the rules concerning advertising، the breach of which، constitutes a crime against advertising rules in electronic commerce. Articles 50-55 and article 70 of the Electronic Commerce Act constitute the basic legal elements of such crimes. The Actus reus of crimes against advertising include physical conduct، such as deceptive advertising، endangering human health، non-providing sufficient data، false advertising or advertising with unknown identity، and unwilling advertising. The accused of the crime is the advertiser and victim is consumer. Such crimes do not depend on special results. The fundamental element of the crime is a physical act within the framework of electronic commerce. From a mental perspective، the mens rea of Crimes against Advertising include intentional behaviors. Unintentional behaviors are not regarded as crimes Against Advertising. Since the penalty included in article 70 of the Electronic Commerce Act is regarded as a fifth degree punishment، the rule of leniency as established by the Islamic Criminal Act is not applicable in this context، as far as minor crimes are concerned.
خلاصه ماشینی:
In the first paragraph of Article 121 of the French Consumer Code, regarding false or misleading advertising, it is stipulated: Any advertising that in any way contains incorrect attributions, references, or introductions, or is misleading in nature and relates in any way to the existence, nature, composition, inherent qualities, useful properties, type, origin, quantity, method and date of manufacture, ownership, price, and sales conditions of the goods and services subject to the advertisement, the conditions and also the results resulting from their consumption, the motives and methods of selling or providing services, the scope of the advertiser's obligations, identity, qualities, and constructive skills, after-sales services, drivers of progress and sales, or relevant suppliers, is prohibited (Moatamednejad, 1388: 60); regarding the concept, elements, and indicators of advertising and deceptive advertising, and the procedure and penalties for deceptive advertising, see: European Union Council Directive on Misleading Commercial Advertising adopted on September 10, 1984 suppliers in advertising their goods and services must not commit an act or omission that causes the audience 1 to be confused or deceived in terms of quantity and quality.
However, whether Article 52 of the Electronic Commerce Law also includes the failure to provide complete information in advertising in an unintentional manner or not; although the appearance of the article is general and is not restricted to the intentional assumption, what was previously said regarding the requirement of the principle of intentionality of crimes also applies here.
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