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Criminal Jurisdiction (Conflict of laws) in the Case of Committing Crimes in Cyberspace

DOI: -, PP. 21-41

Subject Areas: Law

Keywords: Criminal Jurisdiction, Cybersecurity, Cyber Space, Digital Court, International Space

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Abstract

One of the new issues that along with the transformation and technological advancement it has been created in the field information technology and communications, the issue of determining the competent judicial authority for cyber space is create a new virtual world in the name of prosecution of crimes committed in the space above. Based on traditional rules the most important criterion determining the jurisdiction of the criminal justice authorities, the location of the crime and in the new cyber space a virtual space and free charge place not applicable such a criterion or is it requires special modifications. In this regard some have tried the same traditional rules overseeing the criminal jurisdiction of the judicial authorities with a new attitude run in this space and some others with the design of new theories in terms of qualifications, such as "cyberspace as an international open space" or special court prediction in the name of "digital or cyber court" or have raised eligibility "the court has a logical connection to crime." Iran country in the computer penal code in article 82 has adopted the first theory that is, the implementation of the traditional rules with a new attitude. In this article tried to each of the proposed theories review and review in this field and finally be presented an integrated criterion with that explanation that as far as be enforceable traditional rules are implemented same rules and in the other way competency theory logical with crime accepted as the final criterion.

Cite this paper

Nia, A. A. and Alizadeh, H. R. (2018). Criminal Jurisdiction (Conflict of laws) in the Case of Committing Crimes in Cyberspace. International Journal of Nations Research, e9042. doi: http://dx.doi.org/-.

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