نوع مقاله : مقاله علمی - پژوهشی
نویسنده
استادیار گروه حقوق کیفری و جرمشناسی، دانشکدۀ حقوق دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the offence of theft, traditionally, property that is observable and tangible (concrete) is stolen. However, human advances, especially in the field of information technology, have led to the emergence of information that is no longer written on paper sheets but stored in spaces such as computer hard disks. Such data, which in many cases also have property characteristics, are considered intangible (inconcrete) property. In Iranian criminal law, the offences of computer theft and unauthorized access have been introduced to criminally protect such data. However, an examination of the approach of the Iranian legislator makes it clear that some flaws exist, including the lack of clarity in distinguishing certain components of the physical element of computer theft and the lack of clarification on whether the computer data belonging to another must be legitimate in both crimes. In contrast, under English and Welsh criminal law, information is not considered property, and theft of information is not recognized as an offence. Nevertheless, when someone attempts to gain unauthorized access to computer data, they may be prosecuted under the criminal offence of unauthorized access to computer material, which is classified as a conduct offence. Accordingly, the present article, by analyzing the constituent elements of the offences of computer theft and unauthorized access to computer material in the mentioned penal systems, proposes solutions to the Iranian legislator, such as separately specifying criminal behavior and result in computer theft, as well as restricting the definition of data to legitimate data.
کلیدواژهها [English]
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