Analyzing the Actus Reus and Mens Rea of Computer Pornography in Iran Legal System

Document Type : Technical-Scientific

Authors

1 PhD In criminal Law & criminology University Of Mazandaran, babolsar, Iran.

2 Assistant Professor at Law Faculty of Mazandaran University

3 Associate Professor at Law Faculty of Mazandaran University

Abstract

One of the current cyberspace challenges is computer pornography, which affects the security of the space. Therefore, the legislator criminalizes this phenomenon and puts it in its criminal law arsenal. Regarding the criminalization of computer pornography, it is necessary to consider its actus reus and mens rea. Lawmakers consider two behaviors, one conditional and one unconditional, punishable if accompanied by ill-will. By analyzing the actus reus and mens rea, it is concluded that the legislator has not followed a single approach in explaining the elements of this crime in different laws, and this paper seeks to explain and analyze the actus reus and mens rea of the crime based on the legal system of Iran.

Keywords

Judgment
Volume 18, Issue 96
March 2019
Pages 49-75

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History

  • Receive Date: 05 July 2018
  • Revise Date: 15 December 2018
  • Accept Date: 13 January 2019

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