سیامک جعفرزاده

Introduction: Forgery is a reprehensible and immoral behavior that usually aims at financial gain, but may be done to influence the opinion of one person, deceive another, or simply to cause harm. Given the technological developments and the expansion of the use of digital tools, computer forgery has become one of the serious challenges in legal systems. Therefore, the aim of the present study is to examine the ethical dimensions of forgery and comparative analysis of computer forgery and traditional forgery in Iranian and Iraqi law. Material and Methods: This study used reliable sources and international scientific articles in the field of ethical consideration of forgery and comparative analysis of computer forgery and traditional forgery. Conclusion: Since the emergence of writing and the beginning of the use of writing to convey intentions and thoughts, distortion and alteration of lines and words have been recognized as immoral, undesirable and criminal acts. In Islamic law, forgery is recognized as one of the examples of Ta’zir crimes, and the Holy Quran has also considered this act immoral and reprehensible and has included it among the sins. With the comparative analysis presented regarding computer forgery and electronic documents in Iranian and Iraqi law, general and practical conclusions can be reached. This study showed that both legal systems, despite similarities in the main concepts and objectives of the laws, have different approaches in formulating and implementing regulations related to forgery and electronic documents.

Introduction: Fair and equitable proceedings, as one of the most fundamental ethical demands in the legal system, can have positive consequences in the legal system. In the process of civil proceedings, resorting to various means can prolong the proceedings and even violate the rights of the other party. Deviating the course of proceedings by resorting to delaying maneuvers will unfairly seize time in favor of one party and to the detriment of the other. In this article, an attempt has been made to explain the unethical nature of maneuvers leading to delays in civil proceedings and to identify it as an independent entity that has its own definition and characteristics. Material and Methods: This article is a descriptive review and the research method is historical, analytical, applied and inductive. Related documents reviewed for the literature and information analyzed. Conclusion: Various circulars have been issued in the Iranian judicial system to eliminate the delay of proceedings, but as long as the unethical nature of the delay maneuvers is not intended, the removal of the delay in the proceedings is inevitable, even in a biased manner by the litigants. These delay maneuvers, in addition to fraud against legal procedures and measures, are observed from the beginning of the proceedings, even before the case is referred to the judge and during the proceedings until its conclusion. By recognizing this independent nature and distinguishing it from similar titles, such as fraud against the law and abuse of rights, preventing the reliance on these causes of delay by litigants in civil proceedings through legislation with the aim of directly dealing with this phenomenon is intended by the Iranian legislator, benefiting from French doctrine and laws and even in a more advanced manner.