Challenges of Criminal Policy in Supporting Consumer Rights in the Context of Electronic Commerce

Abstract

The expansion of digital interactions and the growing dependence of consumers on electronic commerce platforms have made it necessary to reconsider the traditional model of Iran’s criminal policy. Despite the criminalization of certain behaviors threatening the security of online transactions in the Electronic Commerce Act and the Computer Crimes Act, the existing legislative structure remains grounded in a strict, punishment-oriented approach and fails to benefit from the leniency mechanisms provided under the Islamic Penal Code of 2013. The purpose of this study is to critically evaluate the shortcomings of the current criminal policy in consumer protection, to analyze the position of these offenses within the classification system of taʿzīr punishments, and to explain the necessity of transitioning toward a differentiated and protection-oriented criminal policy. The study employs a descriptive–analytical method through a systematic examination of Iranian legislation, relevant judicial practices, jurisprudential texts related to leniency, and comparative literature on cyber law. The findings indicate that classifying consumer-related offenses within fifth- and sixth-degree taʿzīr punishments deprives them of essential leniency mechanisms of criminal policy, such as postponement of sentencing, suspension of punishment, alternatives to imprisonment, and the institution of repentance, thereby undermining proportionality, efficiency, and justice in criminal responses. Moreover, the distinctive characteristics of electronic commerce—including relative anonymity, the involvement of third parties, and dependence on technical processes—have been overlooked, resulting in the failure to establish an effective differentiated criminal policy. The findings further show that mere criminalization and the imposition of monetary penalties paid into the state treasury are ineffective in reducing consumer vulnerability. In conclusion, the article proposes a three-tier model consisting of technical prevention, professional oversight, and consumer support and compensation as a desirable framework for criminal policy; a model that can enhance public trust, strengthen the security of electronic transactions, and contribute to reforming the existing legislative approach.