نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکتر در حقوق کیفری و جرم شناسی از دانشکده حقوقِ دانشکدگان فارابیِ دانشگاه تهران، ایران، قم
2 دکتر در حقوق کیفری و جرم شناسی از دانشکده الهیات و معارف اسلامیِ دانشگاه میبد، ایران، میبد
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
With the expansion of cyberspace and the emergence of new digital interaction models, offences against public chastity have also entered a new and complex phase, that traditional legal systems face theoretical, jurisprudential and executive challenges in dealing with it. This article, adopting a comparative approach, examines how to hearing offences against chastity in cyberspace in the two legal systems of Iran and Saudi Arabia. The main issue of the research is the lack of a coherent, up-to-date and efficient framework to combat emerging forms of such offences in the digital ecosystem; which, on the one hand, are considered a threat to the moral and psychological security of society, and on the other hand, are at risk of conflict with the principles of privacy and fundamental rights of users. The research method in this article is descriptive-analytical and library-based, utilizing jurisprudential and legal sources, and and statutes from the two countries, and while examining legal documents, it focuses on a comparative analysis of trial structures, sanctions, exceptions to proceedings and technical and legal challenges. The research findings show that in Iran, despite limited and scattered criminalization in criminal and computer laws, the penal system's response to these offences still faces serious gaps in the definition of concepts, proof of crime, electronic hearing and maintaining a balance between security and privacy; while Saudi Arabia has succeeded in creating a relatively more coherent mechanism by enacting the "Cybercrime Combating Act" and a Ta’ziri approach in response to emerging instances. Finally, the article suggests that the codification of independent regulations, the development of specialized cyber courts and the strengthening of technical and judicial capacity are essential prerequisites for the fair and effective hearing of offences against chastity in cyberspace.
کلیدواژه‌ها [English]
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