Culmination of Law

Culmination of Law

The nature of unauthorized withdrawal of money from the account in the cyber space and the challenge of the victim to seek it in Iran's courts

Document Type : Original Article

Authors
Mahmoud Vazifehshenas 1
HAMID ABHARI 2
Sayyed Hassan Hosseini Moghaddam 3
1 Doctoral student of private law, Department of Law, Faculty of Law and Political Sciences, Mazandaran University, Mazandaran, Iran
2 Professor of Law Department, Faculty of Law and Political Sciences, Mazandaran University, Mazandaran, Iran
3 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran
10.22034/thdad.2023.1988913.2373
Abstract
Today, conducting financial transactions in cyber space has become a necessity. The epidemic in the use of cyber space has caused financial damages. Sometimes people enter a fake payment gateway to make a financial transaction. In this case, the person, without being aware of that the online payment portal is fake, enters all his bank card details into the fake cyber portal and subsequently becomes available to profiteers, which causes unauthorized withdrawal of funds from the bank account. The user will be in the future. Regardless of the fact that the unauthorized withdrawal is responsible in terms of forced guarantee; with the criminalization of the Computer Crimes Law and the Electronic Commerce Law, this behavior is also considered as a criminal phenomenon. Logic requires that the duality of the nature of unauthorized withdrawal (civil-criminal) should make the injured party benefit from the services of legal-criminal courts and facilitate the realization of his right. But in the position of seeking and compensation for damages, the victim is affected by the procedure of the helpless person. Because first: in many cases, the funds withdrawn from the account belonging to the victim are insignificant, and it is not economical to have a lawyer along. Secondly: It is not possible to deal legally with all the perpetrators involved in the withdrawal, despite the provisions related to being an accomplice in the crime. Thirdly: Due to the concealment of the identity of the recipient, it is impossible to file a civil lawsuit. Fourthly: The methods of the perpetrators are diverse in the illegal collection, but the procedure of the courts in dealing with the issue is not fully mature. Fifth: The existing regulations in this regard are not only insufficient, but in many cases, cumbersome. In the research, we will deal with them.
Keywords
withdrawal
unauthorized
money
bank account
cyber space
virtual payment gateway

Subjects

Resources
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Culmination of Law
Volume 10, Issue 2
Autumn 2024
Pages 193-220