سیدعلی رضا موسوی بابائی

Abstract:

Technological developments in the fields of communication and information have significantly blurred the traditional boundaries between lawful, quasi-lawful, and criminal activities. In this context, gambling, betting, and lotteries have entered a new phase of complexity. Today, digital platforms, mobile applications, social networks, cryptocurrencies, and even smart payment gateways have allowed these phenomena to transcend their conventional formats, posing serious challenges to Iran’s criminal legislative and enforcement structures. As such, a comprehensive reevaluation of the legal concepts and mechanisms of criminalization in response to these emerging behaviors has become an undeniable necessity.

This study aims to systematically identify the shortcomings and deficiencies in Iran’s criminal policy concerning digital gambling, online betting, and virtual lotteries. The core focus includes the inefficiency of current legislation, regulatory gaps related to platforms and financial channels, the absence of differentiated approaches for addressing varying degrees of these offenses, and the lack of appropriate executive regulations compatible with cyberspace. Furthermore, a major inconsistency between domestic laws and international instruments, along with successful experiences from other jurisdictions, has hindered the effectiveness of the criminal justice system. The ambiguous distinction between promotional, informative, and criminal behavior in online environments also contributes to challenges in accurate legal enforcement.

To address these gaps, this thesis analyzes the amended Articles ۷۰۵–۷۱۱ of Book Five of the Islamic Penal Code and offers proposals for their differentiated revision. It also emphasizes the necessity of drafting an executive bylaw tailored to the realities of digital gambling and betting. By referencing relevant international documents, the research attempts to offer a localized model for combating these offenses in Iran’s cyberspace. Ultimately, the findings stress the urgent need for conceptual, structural, and legislative reform in Iran’s criminal policy to effectively confront these emerging cyber-enabled crimes.

Keywords: Iran’s criminal policy, digital gambling, online betting, virtual lotteries, online platforms, Islamic Penal Code, Amendment of Articles ۷۰۵–۷۱۱, cryptocurrencies, differentiated criminal policy, cyber criminal law.