The Concept of Legislative Criminal Policy in The Blue of Cybercrimes

Mehrdad Falahi; Akbar Rajabi; Samira Golkhandan

doi:10.63053/ijrel.36

Authors

Mehrdad Falahi PhD student, Criminology, Azad University, Khomein Branch, Iran
Akbar Rajabi Faculty member, Azad University, Khomein Unit, Iran (Corresponding Author)
Samira Golkhandan .Faculty member of Azad University, Khomein, Iran

DOI:

https://doi.org/10.63053/ijrel.36

Keywords:

International Conventions on Cybercrimes - International Control - International Jurisdiction - Course of Disputes Due to Crimes - Criminal Deterrent Behavior

Abstract

The emergence of the term criminal policy by Feuerbach, a German jurist at the end of the 18th century, was related to this rationalism in dealing with crime, and the word "policy" was born from it, which implies the concept of guided thinking and purposefulness, with a special meaning that is called Criminal "policy" has led to the acceptance and spread of this term in today's legal and sociological language, similar to the spread of terms such as "economic policy" and "cultural policy". One of the most important criminal policies of Iran in the prevention of computer crimes is its legislation in this field. Legislation in cyberspace can be explained with a three-step approach. Legislation in criminal law methods should start with recognizing the use of new technology and special departments along with police security structures or in the general concept of the police need to have the necessary conditions to investigate cybercrimes.

The third step is writing new rules. Based on experience, it may be difficult for legal authorities to implement the law-writing process for cybercrimes without international cooperation due to the rapid growth of network technology and its complex structures.