2014Singaporean Journal of Business Economics and Management StudiesRequires access

Legal Study of Criminal Behavior Based on Pornography on Law of Iran

Azadeh Ghorbani, Arezoo Ghorbani, Mahdi Naghavi

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Abstract

This research with a descriptive and analytical method, investigated that whether all sexual crimes that is possible in the real world is also realizable in virtual and cyber world. The occurrence of some sexual crime with the rise of the Internet has been transferred from physical environment to virtual environment; however in some of them the computer and the Internet cannot be considered as a criminal offense, such as adultery, homosexuality, because the occurrence of such crimes requires physical presence. This article concludes that in terms of penal policy in Iran, just pornography is the cases which stipulated in the law that the article 640 of Islamic Penal Act article has expressed traditional pornography and in article 14 of computer crime law has defined pornography and its instances through computers and Also in paragraph (a )of article 15 of the Computer Crime Act, those who incite others to access pornographic content and etc, are punishable And in part of the same article( paragraph b) ,those who incite and encourage others to immoral and sexual crimes ,although is as a deputy, but being considered as an independent crime and are also punishable. In other cases of realizable sexual offences in cyberspace we face with legal Silence and when it is not spoken about Steward and not criminalized and the assignment of such crimes as regards the Steward has not been identified, the assignment of partners and their assistants is unclear

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What this paper is about

This research with a descriptive and analytical method, investigated that whether all sexual crimes that is possible in the real world is also realizable in virtual and cyber world. The occurrence of some sexual crime with the rise of the Internet has been transferred from physical environment to virtual environment; however in some of them the computer and the Internet cannot be considered as a criminal offense, such as adultery, homosexuality, because the occurrence of such crimes requires physical presence. This article concludes that in terms of penal policy in Iran, just pornography is the cases which stipulated in the law that the article 640 of Islamic Penal Act article has expressed traditional pornography and in article 14 of computer crime law has defined pornography and its instances through computers and Also in paragraph (a )of article 15 of the Computer Crime Act, those who incite others to access pornographic content and etc, are punishable And in part of the same article( paragraph b) ,those who incite and encourage others to immoral and sexual crimes ,although is as a deputy, but being considered as an independent crime and are also punishable. In other cases of realizable sexual offences in cyberspace we face with legal Silence and when it is not spoken about Steward and not criminalized and the assignment of such crimes as regards the Steward has not been identified, the assignment of partners and their assistants is unclear

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Available abstract

This research with a descriptive and analytical method, investigated that whether all sexual crimes that is possible in the real world is also realizable in virtual and cyber world. The occurrence of some sexual crime with the rise of the Internet has been transferred from physical environment to virtual environment; however in some of them the computer and the Internet cannot be considered as a criminal offense, such as adultery, homosexuality, because the occurrence of such crimes requires physical presence. This article concludes that in terms of penal policy in Iran, just pornography is the cases which stipulated in the law that the article 640 of Islamic Penal Act article has expressed traditional pornography and in article 14 of computer crime law has defined pornography and its instances through computers and Also in paragraph (a )of article 15 of the Computer Crime Act, those who incite others to access pornographic content and etc, are punishable And in part of the same article( paragraph b) ,those who incite and encourage others to immoral and sexual crimes ,although is as a deputy, but being considered as an independent crime and are also punishable. In other cases of realizable sexual offences in cyberspace we face with legal Silence and when it is not spoken about Steward and not criminalized and the assignment of such crimes as regards the Steward has not been identified, the assignment of partners and their assistants is unclear

Key concepts: Pornography, Paragraph, Child pornography, Cyberspace, Criminology, Law, Criminal law, Silence

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