With the advancement of technology, the occurrence of various types of computer crimes has expanded in Iran. This caused a law called the Computer Crimes Law to be enacted. If you are not familiar with the types of computer crimes and are unaware of the punishments for such crimes, it is recommended that you stay with us until the end of this article. With the help of this article, you can recover your lost rights as quickly as possible.
Definition of computer crimes
In defining the types of computer crimes, we must say that these types of crimes have come about with the advancement of technology and its influential role in life. Currently, this field of crimes has become a new and challenging issue. Given that we cannot ignore the impact of computers and mobile phones on life in today’s societies, facing computer crimes is inevitable.
Types of computer crimes mean that people commit crimes by using cyber technology and information. These crimes are carried out using computers in such a way that criminals try to obtain personal information of people in cyber space and abuse them. In fact, computer crimes are not defined in the law and they have limited themselves to stating all kinds of examples.
There are many definitions of computer crimes, we will discuss some of them for better understanding. One of the most famous definitions has been proposed by the European Committee on Criminal Issues in the Council of Europe, which believes that “computer crimes are any type of illegal positive action in which a computer is considered as a tool or crime.” In the definition of this crime, the US Department of Justice admits that “computer crimes include any type of violation of the criminal law that involves computer knowledge and technology in its execution.”
From the point of view of Dadista Law Institute, computer crimes include any type of illegal behavior that uses computer knowledge and technology to commit it. In this report, it is acknowledged that a computer or computer can have two modes in relation to crime.
1- The computer can be an active mode for intrusion and theft of information, property and such illegal behavior.
2- The computer can be passive and play the role of facilitator and guide for committing a crime.
Types of computer crimes taking place
In fact, all types of computer crimes are divided into three general categories, which include computer hacking, computer fraud, and computer espionage.
Today, the main area of computer crimes pursued by a cybercrime lawyer is hacking and economic computer crimes, which are divided into seven categories, regardless of accidental losses and damages that are the result of negligence on computer systems:
– Unauthorized access to data processing devices
– Traditional Economic Crimes Using Data Processing (DP)
– Computer-related crimes against individual rights, especially against citizens’ right to privacy
– Fraud through computer manipulation of data processing system
– Computer espionage and software theft
– Computer hacking
– Theft of services
Penalties for crimes based on Law 25
According to Law 25 of computer crimes, anyone who commits any of the following actions will be punished. The punishment is from ninety-two days to one year in prison, and then he must pay fines of five to twenty million Rials. These are the following:
1- Unauthorized access to the data of computer and telecommunication systems
2- Unauthorized eavesdropping on the content of non-public communications being transmitted in computer or telecommunication systems or magnetic or optical waves.
3- Computer espionage
4- computer forgery
5- Destruction and disruption of data or computer and telecommunication systems
6- Computer-related theft and fraud
7- Types of computer crimes against modesty and public morality
8- Defamation and publication of lies
9- Producing, publishing or making available or trading data, software or any electronic device
10- Selling, publishing or making available passwords or any data that would allow unauthorized access.
11- Publish or make available educational content, unauthorized access, eavesdropping, computer espionage. Destruction and disruption of data or computer and telecommunication systems
Article 12 and 13 of computer crimes and computer theft states that:
Anyone who illegally steals the data belonging to another person, if the same data is in the possession of the owner, shall be fined from one to twenty million riyals, otherwise, imprisoned from ninety-two days to one year or fined from five to twenty A million Riyals or both will be punished (Article 12).
Anyone who illegally obtains from computer or telecommunication systems by committing actions such as entering, changing, erasing, creating or stopping data or disrupting the system of money or property or benefits or services or financial privileges for himself or others, in addition to rejecting property Its owner will be sentenced to imprisonment from one to five years or a fine from twenty to one hundred million riyals or both (Article 13).
What is the punishment for cyber crimes in Iran?
What is the punishment for computer crimes? People who commit computer crimes should be punished according to the severity of the crime they have committed.
Computer fraud is criminalized in Article 741 of the Computer Crimes Law; That is, the mentioned article is the legal element of the offense. In this article, the punishment for computer crimes such as fraud is considered to be imprisonment from one to five years. He is also sentenced to pay a fine to the government. It is good to know that according to the last paragraph of Article 741, the punishment for the crime of computer fraud can include both types of punishment.
The punishment for the crime of computer theft according to the relevant legal element, i.e. Article 740 of the Law on Computer Crimes, includes a fine and imprisonment from 91 days to 1 year. If someone illegally steals the data belonging to another, he is guilty of the mentioned crime and the punishment of computer crimes under the title of computer theft crime is imposed on him.
If a person accesses computer systems and data through unauthorized means with the help of protected measures, he is convicted of the crime of unauthorized access according to the law. According to Article 729 of the Computer Crimes Law, the punishment for the perpetrators will be imprisonment from 91 days to one year and a fine.
Illegal wiretapping
Another computer crime is related to illegal wiretapping. Regarding the eavesdropping punishment based on the article of the aforementioned law, if someone illegally eavesdrops on the content of non-public communications being transmitted in computer or telecommunication systems or electromagnetic or optical waves, he will be imprisoned from 6 months to two years or fined as a punishment for computer crime. Unauthorized eavesdropping is condemned.
Note: It is necessary to know that most of the punishments for computer crimes listed in the relevant law can include imprisonment or a fine, and also the judge can consider both punishments for the perpetrator.
Punishment for computer crimes against chastity is one of the cases that are considered for the perpetrators of the crime. Crimes that fall within the scope of public morality and against modesty, these crimes are in the form of internet and telecommunication data that are traded and distributed in the form of prohibited and obscene contents. Computer crimes against public morals and chastity depend on different factors.
If a person has made these crimes her profession or commits these crimes in an organized manner, she may be considered as a punishment called moharebeh and sentenced to death.
Who is a cybercrime lawyer?
As you know, today cyber lawyer is known as one of the most prominent legal professions in the society. The cyber crime lawyer of Dadista Law Institute or the computer crime lawyers can help you in handling cyber cases based on the legal knowledge they have.
The computer crime lawyers of this firm are very experienced and proficient and have the ability to defend cyber cases. These lawyers help the applicants to choose the best solution to face these problems. The cyber lawyer has the possibility to help his clients in the field of recognizing various crimes that happen in the cyber environment and to be aware of different aspects of these crimes. Considering the unknown nature of these crimes, it is necessary for people to solve their problems with the help of expert cyber lawyers.
Cyber cases handled with the help of cyber lawyers are sure to achieve a favorable outcome. A cyber lawyer is aware of various laws in this field and can choose the appropriate solution based on the crime committed. With the help of a cyber lawyer, people can reduce or in some cases dismiss the imposed punishment.