An Examination of Recidivism and Concurrence of Crimes in Iran’s Criminal Law in Comparison with Turkey and Their Consequences for Cybercrimes

Abstract

Any change or transformation in the contemporary world inevitably entails certain effects and consequences, such that with the invention of any new instrument there is always the possibility of its misuse. In this regard, the science of law encompasses anything that may cause even the slightest disruption to this balance and seeks to eliminate or prevent its undesirable effects. Cyberspace is no exception to this rule and has exerted both positive and negative impacts on human life, rendering the necessity of studying it undeniable. Consequently, criminal policymakers, legal scholars, and criminologists have entered this domain and, by defining cybercrimes, prescribing proportionate punishments, and proposing and implementing security and preventive measures against the risks of this environment, as well as educating and raising public awareness about the harmful consequences of cyberspace, have fulfilled their fundamental responsibilities in this field. Examining the quality and dimensions of these functions is therefore essential. In this article, the nature of cyberspace and communication tools, along with their definition, historical background, characteristics, and classification, are examined in the contexts of Iran and Turkey. The potential risks and the globalization of efforts to combat cybercrime are presented as key conclusions of the discussion. Moreover, certain proposals are offered as a model for criminal policymakers in Iran and Turkey to confront and prevent cybercrimes, which it is hoped will attract the attention of legal scholars, criminologists, and users.