نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The expansion of electronic transactions, while facilitating economic exchanges, has also created opportunities for the emergence of new forms of crime. Owing to the speed with which such offenses can be committed, the anonymity of offenders, the cross-border transfer of funds, and the difficulties associated with tracing digital evidence, securing effective compensation for victims has become increasingly challenging. This study examines the mechanisms available for compensating victims of crimes arising from electronic transactions from the perspective of international criminal law, with particular emphasis on the existing legal and criminal-law frameworks for restoring victims’ rights.
The findings indicate that effective compensation requires the accurate identification of victims’ assets, the tracing of financial flows, the identification and freezing or seizure of proceeds of crime, and the establishment of an effective nexus between criminal prosecution and the restitution of property. Within this framework, the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, the United Nations Convention against Transnational Organized Crime (Palermo Convention), the Convention on Cybercrime (Budapest Convention), and the United Nations Convention on the Use of Electronic Communications in International Contracts provide significant legal capacities for victim protection, judicial cooperation, and the recovery and restitution of assets.
Furthermore, the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, through its emphasis on effective access to remedies, is of particular relevance to addressing harm resulting from the use of artificial intelligence systems.
کلیدواژهها English