Unauthorized access to military computer data leads to the realization of other cyber crimes and threats, such as the acquisition of military computer data, computer espionage, cyber attacks on military infrastructure, and the destruction of critical military computer systems. In paragraph (a) of Article 731 of the Islamic Penal Code, the legislator has only generally foreseen unauthorized access to secret data, and in Article 131 of the Armed Forces Crimes Penal Code, there is no explicit provision regarding the criminal nature of unauthorized access to unclassified and classified military computer data and information. The importance and sensitivity of military computer data and systems require that appropriate measures be prescribed for them, both in the field of criminalization and sentencing. This study examines the nature of Iran's criminal policy regarding unauthorized access to military computer data and systems, and whether there is a significant gap or deficiency in this regard, or whether such a deficiency or gap will be eliminated by other laws. The present study, using a descriptive-analytical method and based on library resources, concludes that Iran's criminal policy regarding access to classified and unclassified military computer data and systems by military and civilian individuals does not have the principle of deterrence and the principle of proportionality between crime and punishment. In this regard, there is a need to amend the legal gaps, which requires the provision of measures commensurate with the importance of military computer data, and suggestions have been made in this regard.
Mersi,H. and zerang,M. (2025). Pathology of Iran's Criminal Policy in Unauthorized Access to Military Computer Data and Systems. The Quarterly Journal of Judicial Law Views, 30(111), 219-247. doi: 10.22034/jlvi.2025.732316
MLA
Mersi,H. , and zerang,M. . "Pathology of Iran's Criminal Policy in Unauthorized Access to Military Computer Data and Systems", The Quarterly Journal of Judicial Law Views, 30, 111, 2025, 219-247. doi: 10.22034/jlvi.2025.732316
HARVARD
Mersi H., zerang M. (2025). 'Pathology of Iran's Criminal Policy in Unauthorized Access to Military Computer Data and Systems', The Quarterly Journal of Judicial Law Views, 30(111), pp. 219-247. doi: 10.22034/jlvi.2025.732316
CHICAGO
H. Mersi and M. zerang, "Pathology of Iran's Criminal Policy in Unauthorized Access to Military Computer Data and Systems," The Quarterly Journal of Judicial Law Views, 30 111 (2025): 219-247, doi: 10.22034/jlvi.2025.732316
VANCOUVER
Mersi H., zerang M. Pathology of Iran's Criminal Policy in Unauthorized Access to Military Computer Data and Systems. Judicial Law Views, 2025; 30(111): 219-247. doi: 10.22034/jlvi.2025.732316