Globalization of Cyber Criminal Law Norms and Its Impacts on the Iranian Legal System

Abstract

The influence of international laws on the normative systems of domestic legal frameworks, particularly in the field of law, is a critical and interdisciplinary issue that has sparked significant debate and challenges in contemporary times. Within domestic legal systems, obstacles such as prioritizing cultural relativism and favoring specific cultural and legal frameworks hinder the penetration of international laws and regulations into domestic law. Peremptory norms or lawmaking provisions have played a central role in transforming and influencing domestic legal systems. Various components of a cohesive legal and judicial system, as observed in domestic law, are similarly reflected in international legal systems, albeit in different forms. This influence is examined in a concrete manner in the present study. In the Iranian legal system, numerous values from international law have influenced the adoption and modification of both substantive and procedural laws over the years. This issue is analyzed in detail in this article. The primary research question is: What are the effects of the globalization of cyber criminal law on the Iranian legal system? The author's hypothesis posits that the elements of cyber criminal law, as norms or standards of international law, have achieved global recognition. While they may not directly influence constitutional laws, they have notably impacted domestic systems, particularly the cyber criminal laws of various countries. The research methodology is descriptive-analytical. Overall, it can be concluded that domestic legal systems have little choice but to acquiesce to certain international values and norms, while retaining the right to accede or join specific treaties in other cases.