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Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   spring 2018 , Volume 82 , Number 101 ; Page(s) 37 To 60.

Sentencing Requirements in Relation to the Cybercrimes with Emphasis on Courts? Decisions

Author(s):  Tohidi nafe Jalal, Amirli hossein
Sentencing for cybercrimes as a formal and mandatory response is the most important way to deal with these crimes. Sentencing means judge discretion for selecting proper sentence for convicts of cybercrimes. Sentencing is applied in three states: change of legal punishment، imperfect execution of sentence and non-execution of sentence. At first glance، sentencing for cyber criminals is similar to other criminals but differential legal penalization leads to differential sentencing. Differential approach to sentencing for cybercrimes is based on contradiction relationship between cybercrime and cybercriminal. As much as cybercriminal deserve for easy sentencing for due to factors such as age، gender، location of offense and its circumstances، talents and high qualities، vice versa cybercrime deserves rough sentencing due to widespread damages، easy commit of multiplicity of crime، commit in different places، multiple challenges for cyber forensic and prosecution like anonymity. The importance of sentencing is depends on understanding the conflict between deserves of cybercriminal and concerns of cybercrime.
Keyword(s): Sentencing,Cybercrime,Cybercriminal,Character case,Proportionality of Crime,Punishment
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