Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Extent of Using the Control Theory to Deal with Computer Crimes in Iran's Criminal Policy

Document Type : Original Article

Authors
1 PhD Student of Criminal Law and Criminology, Faculty of Law, Khomein Branch, Islamic Azad University, Khomein, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Khomein Branch, Islamic Azad University, Khomein, Iran.
10.22034/jccj.2024.448888.1517
Abstract
In the theory of control, it is assumed that humans commit crimes under normal conditions; unless internal or external controls prevent him; Therefore, the teachings of this theory emphasize more on the concept of prevention, because the advancement of technology has led to new crimes, such as computer crimes; This research, with descriptive-analytical method and library tools, tries to investigate the effects of using the prevention-based doctrines of control theory in different layers of Iran's criminal policy. The findings of the research show that legislative criminal policy is the task of legislation in a country that, regarding cyber crimes, the legislator in the laws and regulations, sometimes implicitly and sometimes explicitly, uses technical measures to achieve security. Cyber space has paid. In cooperative crime policy, various government and non-government tools are used to prevent and fight against crime. In the judicial criminal policy, which is reflected in the decisions and judicial procedures of the prosecutors and courts, the judiciary has a preventive approach regarding cyber crimes with the help of institutions such as Maher Center (Relief Management Center and Incident Operation Coordination Center) and APA Center (Awareness Center media, computer support and aid) and FATA police.
Keywords

Volume 5, Issue 2 - Serial Number 2
Spring 2025
Pages 213-224

  • Receive Date 18 September 2023
  • Revise Date 21 November 2023
  • Accept Date 23 December 2023
  • Publish Date 22 June 2025