نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Rapid developments in information and communication technologies driven by the emergence of artificial intelligence, the Internet of Things, cloud computing, block chain technology, digital assets, and the expansion of virtual environments have altered the nature, methods of commission, and even certain elements of crimes, thereby presenting new challenges to Iran's criminal justice system. Consequently, continuous technological evolution has resulted in a lack of full alignment between existing regulations particularly those governing criminalization, criminal liability, electronic evidence, and criminal jurisdiction and the realities of cyberspace. Although the Cybercrimes Law initially provided a relatively coherent framework for combating digital delinquency, it has encountered shortcomings and challenges in the face of recent technological advancements. This study employs a descriptive-analytical method, drawing upon library resources, statutes, regulations, and legal scholarship, to critically analyze the legislative framework for cybercrimes and outline the requirements for its reform and modernization. The findings indicate that key deficiencies in the current system include ambiguity regarding certain criminal concepts and offenses, the limitations of traditional criminalization models, the disproportionate nature of certain sanctions relative to the characteristics of cybercrimes, challenges in identifying and authenticating digital evidence, complexities in establishing criminal jurisdiction for cross-border offenses, and shortcomings concerning privacy and the rights of the defense. Accordingly, reforming the legislative framework entails moving toward technology-neutral concepts, adopting flexible, conduct-based criminalization, ensuring the proportionality of criminal sanctions, strengthening judicial specialization, expanding cross-border cooperation mechanisms, and enhancing civil rights safeguards. Furthermore, the continuous revision of regulations in step with technological advancements can foster greater efficiency, coherence, and adaptability within the criminal justice system regarding the exigencies of cyberspace.
کلیدواژهها English