Cybercrime prevention measures with emphasis on police actions with a jurisprudential approach

Document Type : Original Article

Authors

1 PhD Student, Department of Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran

2 Associate Professor Department of Jurisprudence and Principles of Islamic Law, Semnan Branch ,Islamic Azad University , Semnan ,Iran

Abstract

 Cybercrime is one of the crimes that are born of the technological and modern society, and for this reason, there are many ambiguities about the nature and background of such crimes on the one hand, and the characteristics of these crimes and their perpetrators on the other hand. Given these ambiguities, as well as the differences between cybercrime and other crimes, preventing and combating cybercrime requires special police action. Preventive measures in this regard include the effective presence of the police in the field of cyber, public education and providing special training to individuals and organizations that are exposed to cybercrime. Dealing with cybercrime and its pursuit by the police requires special skills and steps; Because cybercrime has features that the crime scene is such that officers at the crime scene, in addition to general crime scene actions must also take special actions. After the semantics of research and methodology on the approach of government jurisprudence, several propositions and rules of jurisprudence in proving the ruling on the necessity of creating all aspects of security in cyberspace by the Islamic government, including: The limit of moharebeh and public intimidation, the sanctity of forgery, impurity and injustice in business, the sanctity of violating privacy and lack of guarantee due to the known repulsion of the privacy of others and the rule of denying the mustache were documented. As a result, the necessity of creating religious security, moral security, psychological security, security of security, financial and economic security, security of privacy, security of life and security of national confidential information in cyberspace has been proven and based on the approach of governmental jurisprudence. In addition to negative behaviors of the government, positive behaviors have also been considered necessary; Therefore, in this article, with a descriptive-analytical method, while enumerating police actions in the field of electronic crimes, with reference to the law of computer crimes, the most important of these crimes have been explained.

Keywords

References

- Ahmadvand, Ali Mohammad and Amir Massoud Ataei Jafari, (2004), The role and strategy of information technology in the police system and cyberspace of crimes in Iran, Bi-Quarterly Journal of Humanities Development, First Year, Issue 3, December and January .
 -Ardabili, Mohammad Ali, (2006), General Criminal Law, Volume One, Mizan Publishing.
- Ismaili, Mohsen and Nasrollahi, Mohammad Sadegh, "Refinement of cyberspace, its ruling and issues from the jurisprudential point of view", Journal of Research in Religion and Communication, 23rd year, p.49.
 - Ansari, Morteza, (1431 AH), Kitab al-Makasib, vols. 1 and 2, Qom, Islamic Thought Association.
 - Iko, Davidji, (2004), Strategies for Prevention and Combating Cybercrime, translated by Akbar Astraki and Mohammad Sadegh Roozbahani and Touraj Reyhani and Raheleh Elyasi, Tehran, Vice Chancellor for Research, University of Law Enforcement Sciences.
- Bastani, Boroumand, (2004), Computer and Internet Crimes, New Manifestations of Delinquency, First Edition, Behnami Publications.
- Bai, Hossein Ali Bai and Babak Pourghahrmani, (2009), Jurisprudential study of computer crimes, Research Institute of Islamic Sciences and Culture, first edition.
- Bojnurdi, Mohammad Hassan, (1430 AH), Rules of Jurisprudence, vol. 1, Qom, our reason.
 - Parvizi, Reza, (2002), Abrar Eghtesadi, No. 1, 2, 8 and 7/23/81, Computer and Internet crimes.
- Torabzadeh, Hossein, (2009), Investigation of Electronic Crime Scenes, Detective Magazine, Volume 2, Year 2, Spring 2009, No. 6. 11- Tamimi Amadi, Abdul Wahed, (1410 AH), Gharr al-Hakam and Dar al-Kalam, Qom, Dar al-Kitab al-Islami.
 - Javidnia, Javad, (2008), Electronic Commerce Crimes, First Edition, Khorsandi Publications, Tehran.
 - Javan Jafari, Abdolreza, (2010), Cybercrime and the Differential Approach to Criminal Law, Journal of Knowledge and Development, Year 17, No. 34.
 - Hor amli, Muhammad ibn Hassan, (1409 AH), Tafsil Wasa'il al-Shi'ah, vols. 12 and 25, Qom, Al-Bayt.
 - Hosseini, Mehdi and Borzoi, Mohammad Reza, (2017), Principles and jurisprudential components of protecting the privacy of individuals in cyberspace, Research Journal of Islamic Human Rights Studies, Year 6, Vol.
 - Khomeini, Seyyed Ruhollah, (1435 AH), Al-Makasib Al-Muharram, vols. 1 and 2, Tehran, Imam Khomeini Publishing House.
 - Deziani, Mohammad Hassan, (2006), Introduction to Iran's criminal policy on cybercrime, Judgment Monthly, No. 38.
- Raijian Asli, Mehrdad, (2009), Computer Crime Law: Innovations and Shortcomings, Journal of Legal Research, No. 15, First Semester.
 - Rashadati, Jafar, (2012), Factors distorting the crime scene, Judicial Monthly, No. 96.
-  Rezaei, Ruhollah, (2006), The validity of electronic documents according to domestic and international laws, Gawah Law Journal, Nos. 6 and 7.
 - Razavi, Mohammad, (2007), Cybercrime and the role of the police in preventing and detecting these crimes, Journal of Disciplinary Knowledge, No. 32.
 - Sobhani, Jafar, (2007), Forough Eternity, Qom, Book Garden.
- Fazli, Mehdi, (2010), Criminal Liability in Cyberspace, Tehran, Khorsandi.
 - Qajarghionloo, Siamak, (1374), A comparative study of evidence in digital environments and computer evidence according to the law of Iran, Tehran, Program and Budget Organization, Supreme Informatics Council.
- Kahvand, Mohammad, (2016), Telegram Social Network Pathology, Center for Strategic Studies in Cyberspace, Faculty of Social and Cultural Sciences, Imam Hossein University.
 - Gatten, Alnham, (2004) Electronic Evidence, translated by Mosayeb Ramezani, Tehran, Secretariat of the Supreme Information Council, first edition.
 - Mohammadi Rey Shahri, Mohammad, (1389), Mizan al-Hikma, vol. 12, Qom, Dar al-Hadith.
- Najafi, Hussein; Agriculture, Abbas, Yazdian Jafari, Jafar; Goli, Salman (1399), The Legitimacy of Criminalization of Production, Distribution and Dissemination of Malware in Cyberspace, Studies in Islamic Jurisprudence and Law, 23, 415-438.
 - Najafi, Mohammad Hassan, (1404 AH), Jawahar al-Kalam fi Sharh Sharia al-Islam, vols. 21, 40 and 41, Beirut, Dar al-Qalam, Ch.
Journal of Studies in Islamic Law & Jurisprudence
Volume 14, Issue 26
March 2022
Pages 323-358

Files

Share

How to cite

Statistics