Allocation of specialized branches to deal with claims of internet businesses in Tehran

The Chief Justice of Tehran announced the proposal to assign specialized branches to deal with the claims of internet businesses.

According to Ambassador Arjan's report, a meeting to review solutions for the development of specialized handling of cases related to internet businesses was held in the meeting hall of the Chief Justice of Tehran Province, with the presence of Sahibkar, Strategic Deputy of the Judiciary, Azami, Deputy Strategic Deputy of the Judiciary, and Naser Atbati, Chief Justice of Tehran Province.

Nasser Atbati, Chief Justice of Tehran Province, in this meeting, referring to the issues raised in the meeting of internet business activists with the head of the Judiciary, said: One of the issues raised in this meeting was the creation of a special judicial complex to deal with crimes in the field of internet businesses, which was further discussed with a number of officials and experts.

Pointing to the necessity of deciding on the creation of an independent complex or the development of the existing structure, he added: Considering the expansion of internet businesses and the importance of cases related to this field, our proposal is to strengthen the current complex for dealing with computer crimes, focus the prosecutor's office and related courts, and add specialized branches to this complex.

Referring to the complexity of some disputes in the field of internet businesses, the Chief Justice of Tehran Province pointed to a case regarding the intellectual property claim of an idea and the operating mechanism of one of the internet platforms and said: In this case, a person has claimed that the idea used in the business in question belongs to him and was operated without obtaining permission; An issue that has significant financial dimensions and opinions have been issued about it in the preliminary stages.

Stating that the development of technology and the expansion of internet activities have necessitated specialized handling of disputes in this area, Etbati clarified: In the proposed plan, strengthening of communication with groups and organizations active in the field of internet businesses, development of the existing complex and concentration of related judicial capacities are foreseen.

Emphasizing the difference between the nature of internet business cases and crimes in the field of culture and media, he stated: the majority of the activities of the Culture and Media Prosecutor's Office are related to social, cultural, artistic and media crimes; While the disputes of start-ups and internet businesses mainly have economic and commercial dimensions, handling these cases should not be confused with the specialized mission of the Culture and Media Prosecutor's Office.

The Chief Justice of Tehran Province continued: Currently, dealing with issues such as internet fraud, unauthorized withdrawals from accounts and data theft is in the specialized field of computer crimes; But to respond to new needs, the capacities of this complex must be developed.

Pointing to the necessity of consolidating judicial capacities in a specialized group, Etbati pointed out: In addition to dealing with criminal cases, it is necessary to provide the possibility of dealing with legal disputes related to contracts and other lawsuits of internet businesses. Also, by examining the roots of the formation of crimes and disputes, it is necessary to provide the ground for preventing their occurrence. Based on this, the development of the current judicial complex to deal with computer crimes is the main axis of the proposed plan.

The creation of a specialized complex was discussed in a meeting with the head of the judiciary

Sahibkar, the strategic deputy of the Judiciary in this meeting, referring to the meeting held with the head of the Judiciary, said: In the meeting we had with Hojjat al-Islam wal-Muslimeen, he raised the issue of creating this specialized complex.

In the continuation of this meeting, the attendees pointed to the interdisciplinary nature of internet business cases and emphasized the need to improve the specialized knowledge of judges and strengthen training related to this field.

It was also suggested that the lack of sufficient specialized training can lead to differences in the handling method and reduce the predictability of judicial decisions; Therefore, it is necessary to strengthen the training of judges and to pay attention to the specialized aspects of issues such as intellectual property, cryptocurrencies and modern cyberspace crimes.

Other issues raised in this meeting were the high volume of specialized cases, the lack of specialized branches and judges, and the need to review the way cases are referred.

Pointing out that sometimes the initial title of the complaint does not correspond to the true nature of the committed behavior, the attendees emphasized the need to determine a specific mechanism to continue the investigation or refer the case to appropriate judicial authorities.