A Feasibility Study of the Actualization and Occurrence of Pretence in Cyberspace and Its Manifestations
Subject Areas : Legal Studies of Cyberspace
kazemi motlagh
kazemi motlagh
1
(Vice Chancellor of Islamic Azad University, Maragheh Branch)
Abedin
momeni
2
(دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه تهران)
Keywords: Cyberspace, Social networks, Pretence, Legal Pretence, Criminal Pretence,
Abstract :
Among the jurisprudential and legal aspects of the increased usage scope and exploitation of the cyberspace, the social networks and the platforms such as Instagram, Telegram, Facebook, etc. are embedded the issues of the pretence and the possibility of actualization of its various legal and criminal aspects in the cyber space. Therefore, the main concern and issue of the present research, which has employed descriptive and analytical methods, is first to examine and explain whether the pretense, having different worship and non-worship aspects and has manifestations in real world, can also actualize and occur in the cyberspace as well or not and, if the occurrence of pretence in cyberspace is possible, what kinds of manifestations, proofs and instances it shows. The results and findings of the research confirm that nowadays the vast majority of legal acts and criminal offenses that are committed in real world can also be committed in cyberspace and that various manifestations, proofs and instances in this arena confirm the findings of the research. This is for the reason that first, as far as the criminal regulations are concerned, pretence of debauching (vice and impiety), pretence of drinking alcohol, power show-off pretence is possible in the cyberspace as well, and the filing of court cases in this regard is a proof for this claim. Second, as far as the pretence in legal terms is concerned, pretence of online purchase and sale as well as pretence of concealing the defects of commodities in cyberspace advertisement are among the manifestations of the occurrence of pretence in cyberspace.
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