Volume 1, Issue 2 (2021)                   clcm 2021, 1(2): 131-148 | Back to browse issues page

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Ghiasi J A, Saghafi P. The Manner of judicial precedent’s Functioning encounter Criminal Content;By looking at the so-called Virtual Illegitimate Relationship. clcm 2021; 1 (2) :131-148
URL: http://clcm.modares.ac.ir/article-44-57020-en.html
1- , Jalalghiasi2001@yhoo.com
Abstract:   (3262 Views)
Abstract
The insistence on using the word illegitimate relationship on behaviors such as sending photos, videos or text between men and women in cyberspace, has led to misunderstanding the behavior and the criminate or incriminate of this behavior under sec. 637 of Islamic Penal Code Act 2013, while the actus reus of such behavior is different. A correct perception of the actus reus is always a behavior that leads us to the mens rea and whether or not it is a crime. The mere use of the word illegitimate relationship to send text, video and photos between a man and a woman cannot be a reason to impose a tough religious penalty with a tougher penalty on a mere virtual behavior. This misconduct can affect other audiences as well. In fact, the actus reus of such behavior is out of sec. 637 and it is subject to sec. 14 of the Computer Crimes Act.
   This research has been formed by descriptive-analytical method and using library resources, with the aim of examining the nature and material element of the virtual illicit relationship and correctly identifying its legal element so that heterogeneous behavior is not included among the examples of sec. 637; At the same time, the principles and rules of law, exemption and jurisdiction principles should not be violated.
 
Keywords: Actus Reus, Mens Rea, Illegitimate Relationship, Cyberspace.
 
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Article Type: Qualitative Research | Subject: Criminal Law and Criminology
Received: 2021/11/8 | Accepted: 2021/11/1 | Published: 2021/11/1

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