نوع مقاله : مقاله تخصصی
عنوان مقاله English
نویسندگان English
The main issue addressed in this study is to explain the principles and requirements governing digital criminology and criminalization, with emphasis on protecting fundamental rights and ensuring the efficiency of the criminal justice system. This study adopts a descriptive-analytical methodology and relies on library-based research, relevant laws and regulations, legal and criminological literature, and international instruments. The findings indicate that digital criminology should be based on the principles of legality, necessity, proportionality, respect for privacy, protection of human rights, and consideration of the actual capacities of the criminal justice system. Characteristics such as the ease of committing offenses, anonymity, rapid technological development, the transnational nature of cybercrime, and the difficulties associated with identifying offenders and collecting digital evidence necessitate an approach different from traditional models of criminalization. Furthermore, the criminalization of digital conduct should be regarded as a last resort of social control and should occur only after establishing significant harm, blameworthiness, and the necessity of criminal intervention. Where social prevention, education, situational prevention, and technical measures can effectively control harmful conduct, extensive reliance on criminal sanctions is inconsistent with the principle of necessity. Effective cybersecurity protection also requires specialized human resources, adequate technical infrastructure, an efficient forensic system, and international cooperation. Accordingly, an effective criminal policy in the digital environment requires a balance among cybersecurity, the effectiveness of criminal responses, privacy, and individual freedoms.
کلیدواژهها English
