Preventing Cyber Fraud in Criminal Policy with a Look at Judicial Procedure

Cyber ​​fraud is a new spectrum of crimes that have been formed due to the crystallization of a new space called information exchange environment or cyber environment. The characteristics of such crimes in terms of the context of the crime, the subject matter, the perpetrator, and the like have made the judicial procedure, especially in the field of punishment, seem different from other crimes.

The present study is a combination of descriptive-analytical study in the form of a library and through fish taking.

Prevention of cyber fraud is done from two axes of criminal prevention with regard to the punishments of Articles 67 of the Electronic Commerce Law and 741 of the Islamic Penal Code of the Penal Code and non-criminal prevention through situational prevention (increasing efforts). In committing a crime, the excuses for committing a crime will be eliminated, the incitement and benefits of committing a crime will be reduced, and social prevention (cyber and cyber community) will be carried out.

In the judicial procedure, due to the lack of equal understanding of judges and lack of sufficient expertise in the field of cyber and lack of knowledge of the situation and circumstances of this crime has caused differences and dispersal of opinions in the practical procedure of the courts, thus creating a single procedure and unity. Judicial procedure is essential in the criminal prevention of cyber fraud.