نوع مقاله : مقاله علمی - پژوهشی
نویسنده
استادیار گروه حقوق کیفری و جرمشناسی، دانشکده حقوق دانشگاه قم، ایران، قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the offence of theft, traditionally, property is stolen that is observable and considered as tangible (concrete) property, but human advances, especially in the field of information technology, has led to the formation of information that is no longer written on paper sheets, but are stored in spaces such as computers’ hard disks. Such data, which in many cases also have property characteristic, are considered as intangible (inconcrete) property. In Iranian criminal law, offences of theft related to computer and unauthorised access are foreseen for criminally protecting the mentioned data, but the examination of the approach of the Iranian legislator makes it clear that some flaws, including the lack of clarity in distinguishing some of the components of the physical element of computer theft and the lack of clarification of the need for the computer data belonging to another to be legitimate in both crimes, are found in it. In contrast, in English and Welsh criminal law, information is not considered property and theft of information is not considered an offence, but in a situation where someone tries to gain unauthorized access to computer data, they can be prosecuted under the criminal title of unauthorized access to computer material, which is a conduct offence. Thus, the present article, by analyzing the constituent elements of the offences of computer theft and unauthorised access to computer material in the mentioned penal systems, has suggested solutions to the Iranian legislator, such as a separate specification for criminal behavior and the result in computer theft, as well as restricting the data to its legitimacy.
کلیدواژهها [English]
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