The Role of Easy and Fast Access to the Court in the Normative Expansion of Local Jurisdiction in Cybercrime (Islamic Jurisprudence and Legal Analysis)

Subject Areas :

Esmaeil Baghban ¹ , babak pourghahramani ² , Fatemeh Ahadi ³

1 - Ph.D Student in Criminal Law and Criminology, Maragheh Branch, Islamic Azad University, Maragheh, Iran
2 - department of law
3 - Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Humanities, Maragheh Branch, Islamic Azad University, Maragheh, Iran.

Received: 2022-10-19 Accepted : 2023-01-06 Published : 2023-05-22

Keywords: criminal Justice, cybercrime, Local Jurisdiction, Ehtejab,

Abstract :

Uncertainty of territory and borders in cyberspace causes many problems in the field of criminal jurisdiction; Issues such as the multiplicity of places where the crime was committed and, consequently, the multiplicity of jurisdiction in this space and the precise determination of the crime scene are clear examples of this. One of the most important issues to be considered in this area is the determination of a competent local authority to investigate crimes committed in the area. The main question of the present study is how to of easy and fast access to the court can make it possible to exercise this competence in cyberspace. This article, with the help of the descriptive-analytical method and induction in domestic, international and Islamic jurisprudential standards regarding the jurisdiction of courts in Iran, tries to provide a solution to expand local jurisdiction in this field. The results of the research show that the new methods of dealing with cyber crimes, including electronic proceedings and taking into account the same legal conditions with the international community and creating a judicial system with global jurisdiction,can solve the challenges of applying local jurisdiction in cyber crimes and facilitate and speed up the proceedings.