The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

A Pathology of Iran's Criminal Policy Regarding Unauthorized Access to Military Data and Computer Systems

Document Type : Research/Original/Regular Article

Authors
1 PhD student in Criminal Law and Criminology, Faculty of Theology and Islamic Studies, Meybod University, Yazd, Iran
2 Lecturer, Law Department, Faculty of Management, Imam Ali (AS) Military University, Tehran, Iran
Abstract
Unauthorized access to military computer data serves as a gateway for various cybercrimes and threats, including the illicit acquisition of military data, cyber espionage, cyberattacks on military infrastructure, and the destruction of critical military computer systems. Clause (A) of Article 731 of the Islamic Penal Code (IPC) only generally addresses unauthorized access to "secret" data. Furthermore, Article 131 of the Law on Armed Forces Crimes lacks explicit provisions regarding unauthorized access to both classified and non-classified military data and computer information. The sensitive and strategic nature of military computer data and systems necessitates the adoption of proportionate measures in both criminalization and sentencing. This research evaluates Iran’s current criminal policy concerning unauthorized access to military systems and investigates whether significant legal gaps exist, or if other statutes compensate for these deficiencies. Utilizing a descriptive-analytical method based on library resources, the study concludes that Iran’s criminal policy regarding access to classified and non-classified military data—by both military and civilian personnel—fails to uphold the principle of deterrence and the principle of proportionality of crime and punishment. Consequently, legal reforms are essential to address these legislative gaps by enacting measures that reflect the critical importance of military computer data, for which specific recommendations are proposed.
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