Investigating Computer Fraud in Criminal Justice System of Iran

Abstract

Abstract. The prevalence of computer crimes causes different kinds of damage in the society. Some of these crimes result in considerable financial and economic damage to the society. Among these crimes, computer fraud is considered a completely outstanding crime. The purpose of this research is to show the fact that although committing the crime of computer fraud in the setting of computer systems and generally in cyberspace may have various similarities with its traditional form, committing this crime occurs in a different space and context in which traditional fraud is committed. In addition, the special features of this transnational network due to its unlimitedness have created a situation that has made countries limited in enforcing penal laws on the one hand, and in spite of the existence of these limitations in enforcing penal laws, the criminals of this field commit unauthorized acts in relation to the data and information in cyberspace on the other hand that investigating these crimes requires specialized penal legal procedure, because legal procedure in the cyberspace crimes is different from material space. Many of the principles, which are already conducted in the judgments according to the existing traditions, cannot be applicable in cyberspace and definitely require new knowledge.