Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Banking Crimes in Cyberspace in Iranian Law and International Documents

Document Type : Original Article

Author
Member of the Faculty, Department of Law, Payame Noor University, Tehran, Iran.
10.22034/jccj.2023.390013.1233
Abstract
Along with the growing use of electronic tools in banking and payment services, computer crimes related to these tools have also increased. Banking crimes in the cyberspace are important issues that affect the economic security of citizens and the trust and credibility of the banking system. Examining the approach of international documents to this category of crimes is also important because the aforementioned crimes are often transnational. The present article is descriptive and analytical and has been investigated using the library method. The findings indicate that in jurisprudence, although crimes such as phishing have not been discussed, but by resorting to the rules governing traditional crimes, it is possible to deal with banking crimes in cyberspace. In Iran's criminal law, there are no special laws in the field of banking crimes, and mainly, the computer crimes law governs electronic banking crimes. The United Nations, Interpol, and the Council of Europe are among the international organizations that, according to their goals and activities, have taken actions in the field of dealing with computer crimes. In the meantime, the adoption of the Convention on Computer Crimes is a turning point in the field of international coordinated actions.
Keywords

Volume 2, Issue 3
Autumn 2022
Pages 45-54

  • Receive Date 19 July 2022
  • Revise Date 16 August 2022
  • Accept Date 02 September 2022
  • Publish Date 23 September 2022