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Hamidi W. Cyber espionage crime in Afghanistan and Iranian law. SRQJL 2024; 2 (4) :150-172
URL: http://srqjl.knu.edu.af/article-1-72-en.html

Cyberspace is an electronic environment through which digital information is produced, sent, received, stored, processed, and deleted. Cyberspace has made committing crimes very easy and accessible to everyone by providing the absence of spatial and temporal limitations. With the advancement of technology and the storage or transfer of secret information by governments or large companies, the use of cyberspace and the storage and transfer of this information in it has made committing this crime more possible. Therefore, anyone who wants to obtain information can access the secret information of a country with a computer and does not need to spend exorbitant costs to send someone as a spy or military and equipment support. Rather, it is very easy, and through cyberspace, this possibility has been provided to collect secret information. Therefore, questions arise as to who can access this information and who can commit this crime. What reaction has been taken against those who illegally access this secret information? These questions are answered by the descriptive-analytical method and using library sources. This crime may be committed by ordinary people or by someone who has access to authority. If the perpetrator is a citizen of a domestic or foreign country, he will be dealt with differently in Afghan law. But in Iranian law, this distinction does not exist. People who have the authority to access and protect secret information must, by law, keep secret information in such a way that it does not fall into the hands of unauthorized persons; otherwise, they must be punished. This issue has not been predicted in Afghan law. Also, violating the security measures of the systems in Iranian law has been considered a crime, while Afghan law has not addressed this issue.