Document Type : Research Paper
Author
Assistant Professor, Department of Criminal Law and Criminology, University of Qom, Iran, Qom
Abstract
Computer fraud refers to criminal behaviors carried out specifically through the use of computer networks. These offences have created new opportunities for fraudulent activity, particularly because computer-based fraud encompasses a wide range of deceptive conduct aimed at obtaining benefits without due entitlement. Evidence suggests that the financial and personal costs of such frauds—especially through methods such as identity theft and phishing—are substantial for both individual victims and society as a whole. Moreover, with the increasing accessibility of the internet—no longer confined to desktop computers but also available via tablets, smartphones, and handheld devices—the potential for individuals to fall victim to computer fraud has dramatically increased.
In the Iranian penal system, computer fraud is addressed independently from traditional (non-computer) fraud. This distinction arises from the nature of the offence: computer fraud is not merely a case of fraud committed using a computer as a tool. Rather, the computer plays a fundamental and constitutive role in shaping the actus reus of the offence. Therefore, computer fraud in Iranian law falls under the category of offences committed within a computer-based context, rather than offences committed by means of a computer.
According to Iranian law, any person who unlawfully obtains money, property, services, or financial advantages for themselves or another—by inputting, altering, deleting, creating, or suppressing data, or by disrupting a computer or telecommunications system—is considered to have committed computer fraud. For criminal liability to be established, both general intent and specific intent must be proven. General intent involves knowingly and willfully engaging in prohibited behaviors while being aware of the lack of authorization and the fact that the property belongs to another. Specific intent involves the aim to obtain financial gain or benefits for oneself or another individual.
In contrast, under the English and Welsh legal system, computer fraud is not categorized as a standalone offence but is prosecuted under the broader umbrella of the general offence of fraud, as defined in the Fraud Act 2006. This includes three primary types: fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. For example, in fraud by false representation, the dishonest act may include phishing, pharming, presenting someone else's credit card, or using another person’s PIN at an ATM. These acts are not limited by medium and can be performed through digital platforms.
Fraud by failing to disclose information can also occur via digital means—such as failing to disclose essential facts when renewing a television license online or applying for car insurance through an internet portal. In all such cases, the perpetrator must act with malicious intent, and ignorance may serve as a defense against establishing this element. However, in the context of fraud by false representation, recklessness can also satisfy the mental element required for liability. If the perpetrator is aware of the possibility that their representation is false but proceeds regardless, this may be sufficient to establish criminal liability. That said, recklessness may not suffice as mens rea for other forms of computer fraud, such as failure to disclose information or abuse of position.
In both legal systems, specific intent remains a key requirement: the perpetrator must have acted with the intention of gaining a benefit or causing harm, even if that outcome is not ultimately realized.
This article critically examines the key elements of computer fraud under Iranian, English, and Welsh law. It concludes that certain deficiencies exist in the Iranian legislative framework. These include the absence of a comprehensive general offence of fraud and the failure to recognize recklessness as a valid form of mens rea in the context of computer fraud. Addressing these shortcomings is essential for more effective legal responses to cyber-enabled criminal conduct. Furthermore, doing so would help reduce the over-proliferation of criminal statutes and eliminate the need for speculative interpretations concerning the offender’s mental state.
Keywords
- Computer or telecommunication systems
- Computer fraud
- Fraud by false representation
- Fraud by failing to disclose information
- Fraud by abuse of position
Main Subjects
In Persian
- Books
- Aghaeinia, Hossein and Rostami, Hadi (2022), Crimes against the Property and Ownership, Third Edition, Tehran, Mizan Legal Foundation
- E’temadi, Amir (2024), Crimes against Property and Ownership, First Edition, Tehran, Mizan Law Foundation
- Heydari, Ali-Morad (2017), Crimes against the Property and Ownership, First Edition, Qom, Hazrat Masoumeh University Press
- Zieber, Ulrich (2011), Computer Crimes, Translated by Mohammad Ali Nouri and Others, Second Edition, Tehran, Ganj-E-Danesh Library Publications
- Alipour, Hassan (2016), Criminal Law of Information Technology, 4th edition, Tehran, Khorsandi Publications
- Cross, Noel (2019), An Introduction to Criminal Law and Criminal Justice in England and Wales, Translated by Amir E’temadi, Second Edition, Tehran, Majd Publications
- Martin, Jacqueline (2022), The English Legal System: Key Points-Key Cases, Translated by Amir E’temadi, First Edition, Tehran, Mizan Legal Foundation
- Mohammad-Nasal, Gholamreza (2013), Specialized Criminal Law: Computer Crimes in Iran, First Edition, Tehran, Mizan Publishing House
- Mansourabadi, Abbas and Mansourabadi, Alireza (2024), Computer and Virtual Crimes Law, First Edition, Tehran, Mizan Legal Foundation
- Herring, Jonathan (2024), Introduction to Criminal Law, Translated by Amir E’temadi, First Edition, Tehran, Mizan Legal Foundation
- Judicial Procedure
- Judiciary Research Institute (2015), Collection of Judicial Decisions of Tehran Province Courts of Appeal (Criminal), Spring 2013, First Edition, Tehran, Judiciary Press and Publications Center
- Judiciary Research Institute (2023), Collection of Judicial Decisions of Tehran Province Courts of Appeal (Criminal), Year 2015, First Edition, Tehran, Judiciary Press and Publications Center
- Judiciary Research Institute (2014), Collection of Judicial Decisions of the Supreme Court Branches (Criminal), February 2012, First Edition, Tehran, Judiciary Press and Publications Center
- Judiciary Research Institute (2017), Collection of Judicial Decisions of the Supreme Court Branches (Criminal), Spring 2014, First Edition, Tehran, Judiciary Press and Publications Center
- Judiciary Research Institute (2022), Collection of Judicial Decisions of the Supreme Court Branches (Criminal), Summer 2014, First Edition, Tehran, Judiciary Press and Publications Center
- Judiciary Research Institute (2018), Collection of Judicial Decisions of the Supreme Court Branches (Criminal), September, October and December 2014, First Edition, Tehran, Judiciary Press and Publications Center
- Judiciary Research Institute (2022), Collection of Judicial Decisions of the Supreme Court Branches (Criminal), Winter 2014, First Edition, Tehran, Judiciary Press and Publications Center
Judiciary Research Institute (2022), Collection of Judicial Decisions of the Supreme Court Branches (Criminal), Year 2015, First Edition, Tehran, Judiciary Press and Publications Center
- Statutes & Regulations
- Regulations on the Use of Computer or Telecommunications Systems 2016
- Resolution No. 56261/T62298H of the Council of Ministers Regarding the Amendment of the Amounts Related to Crimes and Violations Stipulated in Various Laws Dated 4/4/1403
انگلیسی
- Bainbridge, David I. (2008), Introduction to Information Technology Law, Sixth Edition, Harlow, Pearson Education Limited
- Butterfield, Andrew and Ekembe Ngondi, Gerard (Eds) (2016), A Dictionary of Computer Science, Seventh Edition, Oxford, Oxford University Press
- Button, Mark and Cross, Cassandra (2017), Cyber Frauds, Scams and their Victims, London, Routledge, First Published
- Coderre, David (2009), Computer-aided Fraud Prevention and Detection, New Jersey, John Wiley & Sons, Inc.
- Cross, Noel (2020), Criminal Law for Criminologists: Principles and Theory in Criminal Justice, London, Routledge
- Downing, Douglas A. al. (2009), Dictionary of Computer and Internet Terms, Tenth Edition, Hauppauge, Barron’s Educational Series, Inc.
- Elliott, Catherine and Quinn, Frances (2016), English Legal System, Seventeenth Edition, London, Pearson Education Limited
- Gibson, Bryan (2009), The Magistrates’ Court: An Introduction, Fifth Edition, Hampshire, Waterside Press
- Haynes, Sandra (Ed) (2002), Microsoft Computer Dictionary, Fifth Edition, Washington, Microsoft Press
- Hildebrandt, Mireille (2020), Law for Computer Scientists and Other Folk, First Edition, Oxford, Oxford University Press
- Horak, Ray (2008), Webster’s New World Telecom Dictionary, Indiana, Wiley Publishing, Inc.
- Huxley-Binns, Rebecca et. al. (2017), Unlocking the English Legal System, Fifth Edition, London, Routledge
- Hutchinson, Odette and Hendy, John (2015) Optimize Criminal Law, London, Routledge, First Published
- Jewkes, Yvonne and Yar, Majid (2010), Handbook of Internet Crime, Devon (UK), Willan Publishing, First Published
- Lloyd, Ian J. (2017), Information Technology Law, 8th Edition, Oxford, Oxford University Press
- Lushbaugh, Charles A. and Weston, Paul B. (2016), Criminal Investigation: Basic Perspectives, Thirteenth Edition, New York, Pearson Education, Inc.
- Martin, Jacqueline and Storey, Tony (2015), Unlocking Criminal Law, Fifth Edition, London, Routledge
- Rosoff, Stephen M. et. al. (2020), Profit without Honor: White Collar Crime and the Looting of America, Seventh Edition, Hoboken, Pearson Education, Inc.
- Rowland, Diane et. al. (2017), Information Technology Law, Fifth Edition, London, Routledge
- Stalans, Loretta J. and Donner, Christopher M. (2018), “Explaining Why Cybercrime Occurs: Criminological and Psychological Theories”, Published in Cyber Criminology, Edited by Hamid Jahankhani, London, Springer, 2018, PP. 25-40
- Stallings, William and Brown, Lawrie (2018), Computer Security: Principles and Practice, Fourth Edition, Harlow, Pearson Education Limited
- Thomas, Mark (2023), Criminal Law, Third Edition, Saltford, Hall and Stott Publishing Ltd.
- Statutes
- Computer Misuse Act 1990
- Criminal Justice Act 2003
- Fraud Act 2006
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Magistrates’ Courts Act 1980
- Cases
- Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67
- R v Wai Yu- tsang [1991] 4 All ER 664
)