نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه حقوق، واحد بین الملل کیش، دانشگاه آزاد اسلامی، جزیره کیش، ایران.
2 گروه حقوق دانشکده علوم انسانی دانشگاه آزاد اسلامی واحد صفادشت
3 استادیار گروه حقوق، دانشکده علوم انسانی، واحد شاهرود، دانشگاه آزاد اسلامی، شاهرود، ایران
4 گروه حقوق، دانشکده علوم انسانی، دانشگاه آزاد، واحد پردیس، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The creation of virtual space in the shadow of technological advances has provided a complex opportunity for abusing the platform of virtual space, so that crimes against spiritual personality and psychological dignity are among the crimes that have grown significantly in cyberspace today, and considering The progress of information and communication technology in recent decades, cyberspace plays a significant role in committing these crimes. The nature of this group of reasons and its typology is an important question that is the main focus of this issue. This research, which has been carried out in a descriptive and analytical method, has examined Iran's criminal policy in a comparative way with English law and has reached the conclusion that the principle of compensation for moral damage has been accepted in the criminal policy system of both countries, so that In Iranian law, the legislator has provided various types of compensation methods, both financial and non-financial, in order to compensate for spiritual loss, and for people who commit crimes of insult, defamation and publication of lies, punishments of imprisonment, whipping, and fines have been considered. . Also, in order to intensify the punishment, the legislator has considered applying two simultaneous punishments for the perpetrator. In England, since this crime is known as a quasi-crime, it can be pursued under the title of civil wrong. In fact, in English law, the injured legal entity is relieved by receiving an amount as compensation due to moral damage.
کلیدواژهها [English]