Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A comparative study of the criminal policy measures of Iran and the United States in dealing with cybercrimes; Emphasizing the teachings of control theory

Document Type : Original Article

Authors
1 Ph.D 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
3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Khomein Branch, Islamic Azad University, Khomein, Iran
10.22034/jccj.2025.448895.1518
Abstract
The premise of control theory is that people will commit crimes normally; unless the factor or factors prevent them from doing so; Therefore, the emphasis of this theory is on internal and external prevention tools. On the other hand, criminal policy in its full concept includes both punitive and repressive measures and preventive measures; The issue of how much preventive measures can be effective in reducing new crimes such as cybercrimes; Examining the extent of the use of these measures in the criminal policy of dealing with these crimes pays attention, and since the criminal policy of the United States in dealing with cybercrimes is more up-to-date than other countries; This article compares the criminal policy of Iran and the United States in the use of criminal and preventive measures to deal with cybercrimes using descriptive-analytical methods and library tools. The findings of this article show that the American legislator, in relation to the crimes of fraud and cyber theft, has taken advantage of criminal measures in a minimal, exemplary and unique way by criminalizing examples and considering a specific punishment for each example. ; But besides that, he has also paid attention to preventive measures; In the case of Iran's criminal policy, the legislator has not acted very carefully with general and unsubstantiated criminalization, criminalization and the use of criminal measures, and there is still a lot of work to be done to apply preventive measures using the teachings of control theory. .
Keywords


Articles in Press, Accepted Manuscript
Available Online from 15 October 2025

  • Receive Date 16 March 2024
  • Revise Date 07 August 2024
  • Accept Date 15 October 2025
  • Publish Date 15 October 2025