Criminal Strategies in Modern Banking; Emphasizing Electronic Signature

The use of information technology in the banks has caused the emergence of new services. Those services delivered by the use of computer equipment have created some new values. These values are generally technical and professional. The violation of these values that is against the banking data and systems, has been anticipated in computer crimes and e-commerce laws. Since there is no independent criminalization in the banking platform (electronic and virtual), it is necessary to adapt the modern banking network components and technical equipment to criminal law concepts of computer field. Thus, it is necessary to identify material behavior for violation of technical values in modern banking. One of these tools is the computer authentication method or from legally aspect is the electronic signature that allocated the main body of modern banking crimes to itself. Accordingly, this article intends to identify the function of electronic signature in bank portals such as ATM. Then, in the light of identifiying described signature function,the cyber substantive of differential distinctive strategies of criminal law could be recognized. In addition, by this way, the legal gaps and specific criminalized behaviors in the field of modern banking will be separated from other cybercrimes; therefore, punishments will be identified and some suggestions for formulating a penal system of the crime against electronic signature in modern banking will be provided. It seems that the use of a consequentialist lenient approach is more efficient than other sentencing systems.