Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

A comparative study of the territorial jurisdiction in dealing with cybercrimes based on Iran's criminal system

Document Type : Research Article

Authors
Hassan Heydari 1
Dr. Alireza Milani 2
1 Doctoral student in criminal law and criminology, Faculty of Law, Islamic Azad University, Quds branch. (Corresponding Author)
2 Assistant professor and faculty member, Faculty of Law, Islamic Azad University, Islamshahr branch.
Abstract
Background and Aim: The use and utilization of information and communication technology, despite the positive effects and facilitation of communication and global interactions, has caused a challenge in determining the rules governing the jurisdiction of criminal courts for crimes committed in cyberspace. And the determination of a competent criminal court to deal with crimes committed in real space are mainly based on place and border, while in cyberspace there are no borders and restrictions. Therefore, the present study answers the question of whether the traditional rules of jurisdiction in cyberspace Is it applicable? And what are the challenges of exercising this competence in cyberspace? Research Methodology: This research is done by exploratory method and in a descriptive-analytical manner, using library sources and documents and referring to judicial opinions and opinions of legal scholars. Findings: The biggest challenge in determining the competent criminal court for crimes committed in cyberspace is related to territorial jurisdiction because the lack of dependence on a specific place is a feature of cyberspace. With the advent of cybercrime, the rules of jurisdiction are changing. As a result, it is no longer possible to proceed based on traditional rules regarding these crimes, but the previous rules are not completely obsolete and with a few changes in them, the types of competencies in cybercrime can be redefined.
Conclusion:
Keywords
Territorial Jurisdiction
Cybercrime
Cyberspace
Criminal Investigation
1- Akhundi, Mahmoud, (2018), Criminal Procedure (Organization and Jurisdiction of Criminal Courts), Ministry of Culture and Islamic Guidance; Printing and Publishing Organization, second volume, 13th edition, Tehran.
2- Ashuri, Mohammad, (1389), Criminal Procedure (Types of Criminal Jurisdictions and How They Are Applied in Iran), Samt Publications, Volume II, 12th Edition, Tehran.
3- Bai, Hossein Ali, and Pour Kahraman, Babak, (2008), Jurisprudential Review of Computer Crimes, Publications of Research Institute of Islamic Sciences and Culture, first edition, Tehran.
4- Jalali Farahani, Amir Hossein, (1389), an introduction to the criminal procedure of cyber crimes, Khorsandi Publications, first edition, Tehran.
5- Khorramabadi, Abdul Samad, (2004), information technology crimes, doctoral thesis, Faculty of Law and Political Science, University of Tehran.
6- Khaleghi, Abul Fatah; Judki, Behzad, the competent court in the case of accessory to crime in the realm of international criminal law based on cyber crimes, Journal of Legal Studies, 14th, 2, 2009. 37-56.
7- Khorramabadi, Ahmed, (2012), Information Technology Criminal Law, Criminal Liability of Internet Service Providers, Dadyar Publications, 1st edition, Isfahan.
8- Deziani, Mohammad Hassan, (1380), Jurisdiction to deal with crimes in cyber space, Informatics Newsletter, Year 12, 7. (43-48)
9- Deziani, Mohammad Hassan, (1373), criminal aspects of computer use and computer crimes, informatics newsletter, publications of the Supreme Informatics Council of the country, 51. (44-65)
10- Dolatshahi, Shahpur, (2014), Jurisprudence in the virtual environment, a collection of articles on the legal aspects of information technology conference, Tehran, Shahid Beheshti University, Faculty of Literature and Humanities, Research Assistant.
11- Zandi, Mohammad Reza, (2008), Jurisdiction in Cyber Crimes, Judiciary Monthly, 60. (54-67)
12- Sharifi, Mersedeh, (2008), computer crimes in international criminal law, master's thesis, Azad University, Tehran branch.
13- Alipour, Hassan, (1390), Information Technology Criminal Law, Khorsandi Publications, first edition, Tehran.
14- Foroughi, Fadlullah; Al-Boal, Amir, (1391), Criminal Jurisdiction of Judicial Authorities in Cyberspace, Legal Research Journal of Shahid Beheshti University, Year 12, 4. (211-232)
15- Bigos Oren, Jurisdiction over Cross-Border Wrongs on the Internet," International and Comparative Law Quarterly 54 (2005): 585-620.
16- Brenner, Susan W, and Bert Jaap koops, Approaches to Cybercrime Jurisdiction,” Journal of High Technology 5 (2004).
17- Goodman, Marc D, and Susan W. Brenner, "The Emerging Consensus on Criminal Conduct in Cyberspace." International Journal of Law and Information Technology 10 (2002): 139-223.
18- Kohl, Utah. Eggs, Jurisdiction and the Internet,” International and Comparative Law Quarterly 51 (2002): 555-582.
19- Kohl, Utah. Jurisdiction and the Internet (Regulatory Competence over Online Activity). New York: Cambridge University Press, 2007.
20- Maier, Bernhard. "How Has the Law Attempted to Tackle the Borderless Nature of the Internet," International Journal of Law and Information Technology 18 (2010): 142-175.
21- Menthe, Darrel C. "Jurisdiction in Cyberspace: A Theory of International Spaces," Michigan Telecommunications and Technology Law Review 69 (1998): 69-103.
22- Stein, Allan R. "The Unexceptional Problem of Jurisdiction in Cyberspace." The International Lawyer 4 (1998): 1167-1191.
23- Thierer, Adam, and Clyde Wayne Jr. Crews. Who Rules the Net? Washington, D.C.: CATO Institute, 2003.
24- Vidyasagar, Adithya S V. Jurisdictional Issues in Cyber Space. Acta Iuridica Olomoucensis 5 (2010): 29-47.
25- Wang, Faye Fangfei, Internet Jurisdiction and Choice of Law: Legal Practices in EU, US and China. New York: Cambridge University Press, 2010.
26- Wilske, Stephan and Teresa Schiller, "International Jurisdiction in Cyberspace: Which States May Regulate the Internet?" Federal Communications Law Journal 50 (1997-1998): 117-178.

  • Receive Date 27 July 2022
  • Revise Date 27 August 2022
  • Accept Date 04 September 2022