The Nature of the Decision of the Working Group to Determine Examples of Cyberspace Criminal Content and Its Consequences

Subject Areas : Legal Studies of Cyberspace

amirali behdadi ¹ , mohamdreza zande ² , morteza naji zavareh ³

1 - unevercity
2 - univercity
3 - univercity

Received: 2022-11-16 Accepted : 2023-01-14 Published : 2023-02-01

Keywords: Controllability, Principle of Legality, Evidence of Criminality, Order to Filter, Committee to Determine Examples, Quasi-judicial Commission,

Abstract :

In order to prevent the occurrence and continuation of criminal activities in the cyberspace and to ensure the protection of the public and national interests of the society, the Iranian lawmaker body has employed a guideline entitled The Order of Refining the Working Group to determine examples of criminal content under the Article 750 of the Islamic Penal Code (section of Computer Crimes). This new non-criminal measure, which is a temporary security measure in nature, has entered the legal criminal policy of fighting cybercrimes based on the teachings of the negation of absolutism in terms of the technical and specialized characteristics of cyberspace crimes. The mentioned approach has caused challenges and given rise to ambiguities with regard to the nature of the position and status of the working group for determining examples and its decisions and the conflict they have with the decision of the judicial authorities.The authors of this research, using the qualitative-exploratory method and based on documents and library sources and using the point of view of experts, have concluded that: 1- The nature of the aforementioned working group is one of the examples of quasi-judicial commissions; 2- The decision of the working group to determine cases is subject to the supervision and can be sued in the Court of Administrative Justice according to the general principles of litigation; 3- In the legal procedure of the judiciary, the decision of the Amarah (lit. sign or allusion) working group is considered to be a refutable type of criminality.4- The decision of the working group to determine the examples for the judicial authority has a formality.