جعفر یزدیان

Security is one of the most important and challenging areas of criminal law and treason of the country is one of the most important anti security crimes Because this crime poses the greatest threat to the people and the citizens, and not only to a particular person who attacks the whole society and its values. Since treason of the country means a crime with special conditions is against the vital and fundamental of the country which have important features both in terms of criminal and terms of subject matter. because the necessity of criminalizing this crime is felt that also in the constitution In multiple principles and in the resolutions of the supreme national security council In different votes and from the point of view of the philosophy of criminal law By passing the filter of principles, presuppositions and functions and it is need Both in time of war and in times of non-war the legislature to develop a comprehensive law about this subject.

simply approving an act in the Guardian Council can guarantee its legitimacy and correspondency with Canon Law. since the natural responsibility of this entity is to accord Islamic Parliment's enactments with Canon Law (religious law), besides unless legislature's enactments obtain its correspondency with the Canon Law, it can not be described as an act. The Guardian Council has enacted the computer's crime law, so it has legitimacy and for the punitive justice agents this amount of legitimacy is enough. But from the jurisprudence point of view it should be detailed more and the arguments and proofs upon which the legitimacy of this act stands be clarified. The subject of this article is to examine the Canon Law's catechism of producing, distributing and diffusing malwares in the cyber space that is the subject of clause 25 in the computer crimes law enacted under the influence of Budapest convention. There is no instance of this crime in the religious tradition and verses as it is a new crime. Therefore to prove its legitimacy we should refer to intellect and general juridicial(فقهی) rules, such as no harm rule, Tasbib rule(causation rule), Taslit rule, Al ta'azir be yadelhakem rule etc… .It is concluded that the mentioned crime not only doesn't conflict with the religious cases but also we can obtain many reasons for its legitimacy