نوع مقاله : پژوهشی
عنوان مقاله English
نویسنده English
The criminalization of illicit relations and obscene behaviors in cyberspace and social networks has become a common issue in various countries, which is considered a major problem due to the Sharia approach in the Iranian penal system. The present study seeks to analyze the criminalization of illicit relations on social networks with regard to the jurisprudential rule of attribution. What are the weaknesses of the laws related to the criminalization of illicit relations on social networks from the perspective of the jurisprudential rule of attribution? The results have shown that in line with the principle of attribution, Article 14 of the Computer Crimes Law approved in 2009 requires it to consider the principle of "republication and repetition of the crime" in the publication of illicit relations or obscene acts. Also, Note 4 of Article 742 of the Islamic Penal Code approved in 1392 considers nudity as an example of obscene behavior, which is not applicable to obscene behavior and illicit relationships through revealing clothing, which requires amendment and inclusion of a note to include the aforementioned behaviors using revealing clothing. In addition, Article 14 of the Computer Crimes Law should state examples of "interest" in behaviors similar to illicit and obscene acts as examples to avoid interpretability. The present article uses a descriptive-analytical method and library tools.
کلیدواژهها English
