Dealing with cyber attacks against military computer systems in Iran's criminal law and the Budapest Convention

The increase in cyber attacks and the special position of the Islamic Republic of Iran in the Middle East requires that military data and computer systems be criminally protected against cyber attacks that can be committed from across the borders by enemies and foreigners.The aim of the current research is to analyze and evaluate the criminal countermeasures against cyber attacks against the integrity of data and military computer systems. The current research is a qualitative research that is practical in terms of purpose and documentary and library in terms of research tools, and the collected information includes the studied criminal laws and regulations as well as the convention on cybercrimes, which is descriptive-analytical. have been analyzed.Despite the fact that cyber attacks against data and military systems endanger the security of the country, this issue has not been considered by international documents and current laws of Iran. Therefore, it is not clear, in the event of a cyber attack, which criminal title or titles can be claimed.The findings of the research indicate that cyber attacks are committed against the entire data and military computer systems and lead to damaging, erasing, destroying, changing or stopping them. At the international level, paragraphs (1) and (2) of Article 4 and Article 5 of the Budapest Convention and the explanatory report surrounding it are used, and at the national level, they are used as examples of Articles 736 and 737 of the Islamic Penal Code. It is possible to deal with them criminally in the form of two crimes of disrupting data and computer system.