Analysis of the forgivable or unforgivable crime of Cyber False Publishing in the light of Iranian criminal law and Imami jurisprudence.

Articles in Press

Document Type : Original Article

Authors

• Alireza Darzi ramandi ¹
• Zahra Mirzaie Rad ²

¹ PhD in Criminal Law and Criminology, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran

² Master of Computer Science, Amirkabir University, Tehran, Iran

10.22067/jfiqh.2025.90638.1867

Abstract

Considering that virtual space has become an important part of human life today, in such a way that people spend most of their waking hours in it, as a result, crimes that were previously likely to be committed in real space will be more likely to be committed in virtual space,So that every day,various crimes against the spiritual personality of people are formed in this space, one of the most common crimes in this space is the crime of False Publishing.There is a difference of opinion among the jurists regarding whether it is forgivable or not, which the judicial community of the country is particularly involved in, which is fully indicated by the multitude of responses of the General Legal Department of the Judiciary in the form of a consultative theory.

In this research, in order to reach a reasoned and documented answer to the problem, we took action and came to the conclusion that regarding the crime of Cyber False Publishing, according to Article 103 of the Islamic Penal Code, it should be among the cases where a certain person or persons are guilty, It should be distinguished from the cases where the society is the target of the crime, and it is not possible to absolutely judge whether the said crime is forgivable or unforgivable.And subsequently.

Keywords

• Forgivable crime
• unforgivable crime
• crime of Cyber False Publishing
• crime of False Publishing

Main Subjects

• Criminal jurisprudence

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