چکیده:
50 years ago no one would imagine in less than half a century data destruction could realize. No however the traditional data destruction methods has gotten a new face , and its cybernetic form has become a serious problem in criminal law. There has been much research on the cyber crime internationally , while not much has been done on this issue in Iran. Most research in this field has been very general and neglected various types of cyber crime. Considering data destruction is a vain presumption because it is impossible to fight this crime through traditional methods. The material aspect of data destruction , just like other sorts of cyber crime , assumes very unique and novel characteristics leading it to be a new crime and a fresh challenge for the law enforcement agancies. This article is an attempt to study the material aspect of this crime and its unique features .
خلاصه ماشینی:
In other words, since the commission of the crime of data destruction is possible in a fraction of a second and by pressing only a single key; therefore, distinguishing between the stage where the criminal behavior occurred and the time when the criminal result (causing damage to others) was realized is very difficult and sometimes unattainable.
We conclude this section by mentioning one point, which is: All malware (including viruses, computer worms, logic bombs, and other malware) cannot be prosecuted under Article 8 of the Computer Crimes Law until they lead to causing damage and destruction of computer data.
This method of enumerating criminal acts is not without flaws, because first, the original title itself, the crime (destruction), has been used for one of the types of criminal behavior, and second, destruction in its general sense includes both the total and partial destruction of data; therefore, its use was not correct, and the phrase "causing damage" could have been used instead.
In this article, while providing statistics and definitions of the crime of destruction and disruption of computer data, we will proceed to analyze the approaches of different countries and examine the material element of this crime.
This method, which countries have recently employed in their legislative discussions in this field, is called a type of "evolutionary law reform" method, in such a way that in explaining and defining material damage, they expand it and state: "Material damage, in addition to its ordinary meaning, must consider the alteration, destruction, or deletion of records, information, data, or computer programs that have been electronically registered for use by computers.
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