Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   SUMMER 2017 , Volume 81 , Number 98 #F0051; Page(s) 83 To 102.
 
Paper: 

LIMITATIONS AND STRATEGIES OF JURISDICTION IN CYBERCRIMES

 
 
Author(s):  RAZAVIFARD BEHZAD, MOUSAVI SEYED NEMATOLLAH
 
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Abstract: 

Cyber space is regarded as a body of human connections that functions thorough computers and communications without any physical space. It provides not only numerous benefits, but also a new opportunity for committing criminal behavior. This article is to determine cybercrime jurisdiction. Actually, as cybercrime is not committed in a physical space, determination of competent jurisdiction is demanding. In order to determine cybercrime jurisdiction, two kinds of criteria are taken into account: one is criminal jurisdiction based on classic rules and another is based on cybercrime’s characteristics. Therefore, it is possible to determine competent jurisdiction regarding those criteria, however, in some cases like that the accused is abroad or crime is committed in that way, there is obstacle with internal competent jurisdiction. Strategically, it is seriously required to take into account international cooperation in order to realize criminal jurisdiction.

 
Keyword(s): CRIMINAL JURISDICTION, CYBER SPACE, CYBERCRIME, INTERNATIONAL COOPERATION
 
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