نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق کیفری و جرم شناسی، دانشگاه مازندران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Clause (a) of Article 734 of the Islamic Penal Code, concerning computer forgery, refers to "altering or creating credible data, or fraudulently generating or inserting data into them." However, the precise meaning of the term “credible”, as a fundamental condition mentioned in the law, is not clearly defined. Legal scholars have offered various interpretations of the term, including having probative value, admissibility in defense or litigation, and possessing judicial significance.
Nevertheless, based on Article 685 of the Criminal Procedure Code and other relevant legal provisions, it can be argued that preserving the characteristics of accuracy, integrity, validity, and non-repudiation is essential for data to be considered credible. Furthermore, under the Electronic Commerce Law, credible data may be understood as data that meets the criteria of a reliable message. In other words, not every data message with probative value is necessarily deemed credible.
there is no doubt that data lacking appropriate security safeguards—and which, due to factors such as the absence of reasonable attribution or vulnerability to misuse and manipulation, cannot be deemed trustworthy—do not fall within the scope of computer forgery. For example, creating a social media profile under another person's name in the absence of proper authentication would not constitute computer forgery.
Additionally, reasonable attribution of data, legal significance, and the potential to mislead ordinary individuals are further necessary conditions for establishing computer forgery. These requirements can be inferred from the concept of "credible data," the notion of forgery, the elements of traditional forgery, and general legal principles
کلیدواژهها [English]
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