Document Type : Original Article
Authors
1
Ph.D. Student of Public International Law at Islamic Azad University, Qeshm International Branch (Corresponding Author)
2
Department of Jurisprudence and the Fundamentals of Islamic Law, Faculty of Theology, Qom International University, Qom, Iran
3
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
10.22034/lc.2026.578461.1754
Abstract
The rapid expansion of online lotteries on social media platforms, particularly those involving user payments in exchange for a chance to win prizes, has generated significant debate regarding their criminal characterization under Iranian law. Following the amendment to Article 705 of the Islamic Penal Code, participation in chance-based lotteries resulting in the transfer of participants’ funds to winners has been criminalized. However, in certain operational models, collected funds remain with the organizer while only the winner receives the prize, creating interpretative uncertainty concerning the scope of the statutory prohibition. Using a descriptive analytical approach and library-based research method, this study examines the jurisprudential foundations of gambling and analyzes the Iranian legal framework, particularly Article 705 of the Islamic Penal Code and Article 2 of the Law on the Intensification of Punishment for Bribery, Embezzlement, and Fraud. Four objective criteria financial payment or commitment, predominance of chance, the status of collected funds and possibility of restitution, and the organizer’s financial benefit are proposed as benchmarks for assessing the criminal liability of online lottery schemes. The findings suggest that mere receipt of payment or unilateral financial benefit, absent statutory violation, is insufficient to establish criminal liability. The proposed framework clarifies the boundary between legitimate economic activity and punishable conduct in cyberspace and provides guidance for digital regulatory policy and the enhancement of criminal justice in online environments.
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