چکیده:
Computer fraud, as an almost emerging crime in Iranian criminal law, is materially (externally) and mentally distinct from classical fraud (subject to Article 1 of the Law on Intensification of Punishment for Bribery, Embezzlement and Fraud) and has its own characteristics. This type of fraud, which is caused by cheating (dishonesty) or entering data or disrupting the computer and telecommunications system, is one of the absolute (conduct) crimes in terms of materiality, and when it comes to obtain money or property or privileges (concession) or financial services; it is not necessary to deceive the victim, to take property, to cause damage or benefit the committed. Importing data into computer fraud can be in the form of accurate data or fake data; What is important is the unauthorized (impermissible) behavior of the data importer. Obtaining in this type of fraud is not a result (respond) and is part of the process of the material (external) element (the last process), and therefore, in terms of the mental element, the intention of the result is not a condition for the occurrence of a crime. Computer fraud in terms of suspension, mitigation of punishment, lapse of time and conviction verdict publication does not have the limitations and obstacles of simple fraud and is subject to public regulations. If computer fraud interferes with other computer crimes, such as forgery, unlawful access, or tampering with data, multiplicity is eliminated and only the penalty of fraud is imposed.
خلاصه ماشینی:
This type of fraud, which occurs through deception or the entry of data and/or disruption in computer and telecommunication systems, is considered an absolute crime in terms of its material element; it occurs merely upon the acquisition of money, property, privilege, or financial services, and there is no necessity for the perpetrator to deceive the victim, take property, cause damage, or cause loss.
According to this article: "Any person who, by unauthorized use of computer or telecommunication systems through acts such as entering, changing, deleting, creating, or stopping data, or disrupting the system, obtains money, property, benefit, services, or financial privileges for themselves or others, shall, in addition to returning the property to its owner, be sentenced to imprisonment from one to five years or a fine from twenty million (20,000,000) Rials to one hundred million (100,000,000) Rials, or both.
3. Article 8 – Computer-related fraud: “Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the causing of a loss of property to another person by: (a) any input, alteration, deletion or suppression of computer data; (b) any interference with the functioning of a computer system, with fraudulent or dishonest intent of procuring, without right, an economic benefit for oneself or for another person”.
Due to the composite nature of the crime of computer fraud, similar to the fraud subject to Article 1 of the Aggravating Circumstances Law, the aforementioned actions are not fraud in themselves, and the final process of the material element (taking property, privilege, benefit, or financial services) must also be realized.
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