نوع مقاله : پژوهشی
استادیار، گروه حقوق، دانشکده علوم اجتماعی و حقوق، دانشگاه پیام نور، تهران، ایران.
عنوان مقاله [English]
Illegitimate relationships in cyberspace are one of the important issues, which are ambiguous and needs to be investigated due to being a new phenomenon. In this paper, an attempt has been made to investigate illegitimate relationships in cyberspace from the perspective of criminal jurisprudence. The paper is descriptive-analytical and the library method is used. The findings indicate that illegitimate relationships can be realized in cyberspace considering that it is not limited to a physical relationship from a jurisprudential point of view. Just as people can have illegitimate relationships with each other in the physical world, they can also have such relationships with each other through cyberspace, because what is the criterion for an illegitimate relationship is corruption and temptation, and it does not matter if its realization is through a computer or any other device. Therefore, people who communicate with each other outside the framework in this way, have committed a crime and can be punished. In conclusion, it can be said that the basis for the realization of illegitimate relationships is corruption and temptation. However, it is not easy to determine the exact criteria for corruption and temptation. Especially since the issue of custom can also be effective in this regard.