نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Due to the special characteristics of the cyber space, it is difficult to detect the crime and identify the criminal. In such a way that the classic tools of criminal investigation and the study of reason are generally lacking the necessary effectiveness in dealing with these crimes. This situation has caused the police to use Entrapment to search for cybercriminals. The present research, in a descriptive-analytical way and using library resources, is responsible for evaluating the legitimacy of cattle ranching in Iran's legal system and the effectiveness of this method in relation to cybercrimes with all the characteristics and met variables of the cyber space. The findings of this research show that first; In Iran's legal system, entrapment as a method of crime detection lacks a legal document. Secondly; in most cases, the criminal responsibility of the defendants identified in this way is doubtful. Thirdly, this institution is not very effective regarding professional criminals of the cyber space and generally leads to the identification of ordinary citizens of the cyber space who commit crimes on a case-by-case basis. Another important issue is the incompatibility of animal husbandry with the teachings of Islamic jurisprudence such as "institution of repentance", "blame-making", "prohibition of cooperation in crime" and "prohibition of spying". The conclusion and theory of this article is that regardless of the exceptional cases that entrapment may become necessary in order to implement Ohm's rule, due to the multitude of problems faced by this institution, its benefits should be abandoned.
کلیدواژهها English
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