Criminal Law
Vahid Bazvand; hosein normohamadi
Abstract
The nature of computer tools is the way it is used and the type of its function, which can be seen in two ways: active with the technical function, or passive with the dominance of deceptive human activity, enable them to play two different roles and ultimately form There are two distinct types of fraud ...
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The nature of computer tools is the way it is used and the type of its function, which can be seen in two ways: active with the technical function, or passive with the dominance of deceptive human activity, enable them to play two different roles and ultimately form There are two distinct types of fraud including classical and computer fraud. Based on this, those believe the broad interpretation, consider the mere use of a computer-based tool during the criminal's activity to be sufficient to computer fraud. On the opposite, the followers of the narrow interpretation, by presenting a logical and Conceptual interpretation of Article 741 of the Islamic Penal Code (the section on computer crimes), consider computer tools to be effective in the formation of computer fraud only in two sections: "How to use and type of operation" and "commitment situation" that qualify for special conditions during the monitoring and processing of data and the interaction of two systems at the beginning and destination, which associated with indirect human action. This research, with the method of studying official and library sources and evaluating the judicial procedure and some court decisions, succeeded in identifying and extracting three objective criteria: "a computer as an inherent characteristic of a tool with data processing capability", "the need for culpable to use the technical and active function of a tool" and finally "the virtuality of the platform from the beginning to the end of the process of creating and realizing the crime in this platform" which seems to be effective in the differential evaluation of these two forms of fraud in Similar cases. In this regard, it is suggested three criteria be applied in the form of an approved law, so that the challenge in question doesn’t lead to Division and disagreement in judicial procedure.
