Abstract—Cyber space offers some new and highly sophisticated opportunities for criminal misconduct and they create potential to commit traditional crimes in a modern way. It has opened the door to criminal behaviour in ways that would never have previously been possible. The existing criminal statute of Penal Code does not to certain extent cope with the possible rapid activities of the computer criminals. Thus, Malaysian government has proactively enacted a cybercrime related law of the Computer Crime Act 1997 in order to restrain the cyber crimes activities. To the same effect, the Islamic Penal Code of Iran has been amended to incorporate specific offences relating to cyber crimes beginning from 19 November 2008 which came into force on 29 Jun 2009 by approval of the parliament. This law has five (5) parts and fifty five (55) sections with two types of punishments, i.e, imprisonment or penalty or both. The aim of this paper is to highlight the offences stipulated in the Act in both jurisdictions, and how far do the provisions in such criminal statute contribute in putting a halt to the on line criminal activities.
Index Terms—Cyber crime, law, Malaysia, Iran
N. A. Manap is an Associate Professor in the Faculty of Law, The National University of Malaysia (UKM), 43600 Bangi, Selangor, Malaysia.
H. Taji is a PhD candidate in the Faculty of Law, The National University of Malaysia (UKM), 43600 Bangi, Selangor, Malaysia.
Cite: Nazura Abdul Manap and Hossein Taji, "Cyber Crimes: Lessons from the Legal Position of Malaysia and Iran," International Journal of Information and Electronics Engineering vol. 2, no. 3, pp. 404-408, 2012.