The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

Unification of Judgment Decision No. 729 (The competent judicial authority to deal with the crime of fraud related to computer)

Document Type : A critique of a binding decision of the Cassation Court

Author
Bozorgmehr Bashiriyeh
University of Science and Culture
10.22034/analysis.2023.2008634.1060
Abstract
Abstract
The General Board of the Supreme Court has resolved the dispute in a Unification of Judgment Decision No. 729 regarding the competent judicial authority to deal with the declared crime under the title of "Electronic Fraud". Based on this decision, in cases where the origin and destination of the money transfer are in different jurisdictions, the jurisdiction where the bank that opened the account of victim is located has been recognized as competent to handle the case. It seems that there is a difference in the elements of the crime between the fraud described in the "Case Report" and "Unification of Judgment Decision", in such a way that in the first one, it is a traditional type of fraud and in the second one, it is an electronic type. Contrary to the Unification of Judgment Decision and based on the arguments expressed in this article, including attention to the place of completion of the crime, in the mentioned fraud, whether traditional or electronic, the judicial authority of the destination of the money transfer competent to the proceedings has been stated.
Keywords
Unification of Judgment Decision
Jurisdiction
Fraud
Electronic Fraud
Supreme Court
Ruling number 729