Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Basics of Criminalizing Hawkers in Cyber Space

Document Type : Original Article

Authors
1 Ph.D. Student of Criminal Justice and Criminology, Maybod University, Maybod, Iran.
2 Assistant Professor, Department of Law, Maybod University, Meybod, Iran. (Corresponding Author)
3 Assistant Professor, Department of Theology and Islamic Studies, Maybod University, Meybod, Iran.
10.22034/jccj.2023.419800.1406
Abstract
Leadership means bringing men and women together in order to perform illicit sexual acts, such as adultery or sexual intercourse, and according to some opinions, mashakah. By accepting the foundations and rules of Islamic Sharia, the legislative body of Iran, in articles 242 and 243 of the Islamic Penal Code approved in 2013, has criminalized panhandling in general. Now, the main question of this article is whether or not committing this behavior is basically a crime in the virtual space as well as in the real world according to the Iranian legislature. It seems that in terms of jurisprudential foundations, the application of the meanings and concepts of the existing verses and traditions regarding the practice of qawwadi, as well as the existence of intellectual evidence, as the most important jurisprudential reason in this field, the practice of leadership in any form and in any space is considered reprehensible and reprehensible. Is. In terms of legal foundations, reasons such as the application and generality of the word "disruption" in Article 242 of the Islamic Penal Code approved in 2013 and the ability to verify the three elements of the crime in cyberspace and, besides, the criminalization of committing crimes subject to the Islamic Penal Code by means of electronic systems According to Article 52 of the Law on Computer Crimes approved in 2018, all of them indicate the possibility of criminalizing this behavior in cyber space.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 81-94

  • Receive Date 09 September 2023
  • Revise Date 15 September 2023
  • Accept Date 06 November 2023
  • Publish Date 20 February 2024