Criminal Policy Toward Crimes Against Cyber Privacy: A Comparative Evaluation of the Effectiveness of Iranian and Afghan Regulations

Abstract

The present study was conducted with the aim of comparatively evaluating the effectiveness of the criminal policies of Iran and Afghanistan in addressing crimes against privacy in cyberspace. Criminal policy, as a set of state strategies for the prevention, criminalization, and response to criminal phenomena, is assessed in this study from legislative, judicial, and executive perspectives. The research employs a descriptive-analytical method with a comparative approach. The findings indicate that the criminal policies of both countries in this area lack sufficient effectiveness due to legislative inconsistency, limited enforcement capacity, and the predominance of a punitive approach over a preventive one. Although Iran possesses a relatively more developed legislative framework, it faces significant implementation challenges. Afghanistan, by contrast, remains at the stage of developing the foundational infrastructure of cyber criminal policy. The study suggests that both countries should move toward an “integrated criminal policy” that combines legislative, executive, preventive, and supportive measures, while also drawing upon Islamic jurisprudential foundations as a source of legitimacy and normative support.