Cybercrimes and Online Fraud in Iranian Laws
Cybercrimes and Online Fraud in Iran enjoy a discrete body of criminal laws, a procedure of specialized prosecution, and a special police force, augmented by proficient detectives and IT specialists.
Cybercrimes as a Social Phenomenon in Iran
It’s been a long time since the PCs became a part of household equipment and people began to use internet for doing their daily tasks. By development of smart phones and consequently, the expansion of social media, a bunch of fraudsters changed their realm into the cyber space and began to dupe people for their money, information and other advantages. Iran cyber police has recently reported that 60% of all relating cases are about phishing and counterfeiting. In this article we are going to browse significant samples of cybercrimes in Iran, along with the relevant penalties and procedures.
Legal Framework for Cybercrimes in Iran
The Iranian Law on cybercrimes and the electronic commerce law are two main laws governing the field of online offenses. The former is a part of Islamic Penal Code and features a wide range of common crimes committed through cyber space. The modern cybercrimes are also punishable by this law. The latter is concerned with more technical issues, and inevitably overlaps with some of the articles of law on cybercrimes.
The Crime of Hacking in Iran
The first article of law on cybercrimes deals with the crime of hacking, or “illegal access”. Hacking Is usually the ground for other crimes. However, the convicted person of this crime may be sentenced up to one year.
The Crime of Data Theft in Iran
Malwares are the primary means through which the crime of stealing information could happen. You may install an application on your PC or smart phone, oblivious of the fact that the app is actually a malware. You go on and on to notice one day your personal or professional information leaked out of your PC/phone. Article 12 of the law on the cybercrimes has mentioned this offense and prescribed that convicted person of the crime of data theft may be sentenced up to one year.
The Crime of Phishing in Iran
Phishing is one of the endemic offenses in the area of cybercrimes. This crime frequently happens out of the financial motives and the core element in its definition is the “false identity”, which makes it distinct from the similar crimes. When you think you are paying online through the right gate but you’re not, you are probably the victim of phishing. Article 9 of the law on cybercrimes is the legal reference to punish criminals for this offense. They may be sentenced up to two years incarceration.
Computer Forgery and Counterfeiting in Iran
When someone makes up your electronic signature, or other invaluable data, and make them seem as to be yours, he or she is committing the computer forgery. According to the article 6 of law on cybercrimes, the cyber forger goes to the jail for at least one year, up to the five. Article 68 of the electronic commerce law deals with a similar situation and label it as “forgery” too. The maximum penalty for this article forgery is three years of imprisonment.
Trademark Infringement and Domain Name in Iran
When you’re choosing a domain name for your website, you have to be careful not to choose a name identical to other domain names which are deemed at the same time a trademark. Article 66 of the electronic commerce law has criminalized this act. The criminal goes to prison for over a span of one to three years.
Illegal Disclosure of Trade Secrets
For the sake of fair competition and protecting businesses from getting spoiled, disclosure of commercial secrets is forbidden. If such an offense happens in the cyber space, the article 64 of the electronic commerce law is applicable. The offender shall be incarcerated for a period of 6 to 30 months.
Iran Cyber Police
Cybercrimes could be complicated and the process of counteracting with cyber criminals demands special expertise in IT technologies. To this end, Iran police has established a special force name “FATA”, which is focused on the Cybercrimes and has brought a legion of trained detectives and experienced engineers together. Everyone can report violations hither and thither in the cyber space regarding his/her own rights or third persons. You can register your reports at https://csirc.cyberpolice.ir/, and for more information, click the link: https://www.cyberpolice.ir/.
Where to Start the Prosecution
When it comes to Cybercrimes, usually there is no crime scene. The “place of crime”, which is a key element in determining the competent court in Iran, is out of the question. So, the competent court is the court of the place where the crime has been discovered. But in case of fraud on bank account, the court sited in the place where the account has been opened, does have jurisdiction over the case, even if the crime has happened by cyber means.
What to Do When You Face a Cybercrime or Online Fraud in Iran
First you have to submit your petition online, then, if you are settled in Tehran, go to the office of public prosecutors, the specialized branch of Cybercrimes (Tehran, Shariati St) and hand over your complaint in print. The pubic attorney will issue an indictment and soon the normal process of criminal judgment will begin.
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