Analysis of Criminal Laws Related to Cybercrimes Against National Security (Such as Cyber Espionage) and Examination of the Challenges of Identifying and Punishing These Crimes

Security is the most important component of the political authority of states, and cyberspace, even while acknowledging its valuable achievements, violates this essential component. Therefore, the formulation of an effective preventive criminal policy alongside a coherent penal policy against the violation of cybersecurity is so crucial that negligence in this area can expose the criminal justice system to irreparable challenges. Despite the adoption of the International Cybersecurity Document, within the legal systems of many countries, comprehensive sets of laws aimed at countering and combating cybercrimes—which encompass numerous offenses—have been drafted and enacted. The policy in the laws of other countries suggests that criminal and penal policymaking in Iran, particularly in the field of social preventive measures against violations of cybersecurity, can play a significant role. Accordingly, different countries have adopted several security approaches to prevent violations of cybersecurity. Based on the findings of this research, although Iran’s criminal justice system has considered various strategies to strengthen the security foundations of cyber interactions, due to the absence of an appropriate differential policy, it has not yet succeeded in adopting focused and effective social prevention mechanisms to prevent violations of cybersecurity. Moreover, the measures implemented, such as education and the promotion of digital literacy, often possess a non-technical nature.