نوع المستند : علمية ترويجية
المؤلفون
1 أستاذ زمیل وأمين لجنة الحقوق في جامعة المصطفى
2 العالمیة، ممثلية خراسان
3 أستاذ في الحوزة ومدرس غير متفرغ بجامعة المصطفى
المستخلص
الكلمات الرئيسية
Arif Hamdullahi
Neda Akbari
Tampering or disabling includes causing inability or failure in something to perform a thing optimally and conventionally. Computer data or system tampering or disruption takes place in cyberspace. It consists of disrupting the systems and networks and making them unprocessable in such a way that their normal functioning is faced with problems- no matter whether this disruption causes a partial or total failure for the system. This offense is considered as a crime in Articles 8-10 of the Computer Crimes Law, but due to the spread of this offense all over the world, especially considering the recent systemic disruption in the fuel supply system of our country, legal examination of the crime of computer disruption seems necessary. In the crime of computer data tampering and its comparison with the perpetrator's act in traditional tampering, the following questions are raised: Is the crime of computer tampering inherently different from the crime of traditional tampering? And what are the legal foundations of criminalizing computer tampering? Using a descriptive - analytical method, this essay aims to prove that although the crime of computer tampering is fundamentally different from the crime of physical and traditional tampering, however, by adhering to a rational reasoning, conduct of the wise and jurisprudential rules such as the rule of no harm and the rule that it is obligatory to preserve the Islamic system, the commission of this crime is forbidden. Thus the criminalization of computer tampering seems to be justified as a deterrent crime.
Keywords: cyber, cyberspace, computer disruption/tempering, destruction, crime.