مسئولیت کیفری کاربران فضای متاورس در آسیبهای جسمی وارده از دیدگاه مذاهب اسلامی
نویسندگان
1 استادیار، گروه حقوق، واحد کرمانشاه، دانشگاه آزاد اسلامی، کرمانشاه، ایران.
2 PhD student in private law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
3 استادیار، گروه حقوق، واحد کرمانشاه، دانشگاه آزاد اسلامی، کرمانشاه، ایران
doi
10.22037/mfj.v16i46.45750چکیده
Background and Aim: With entering the new technology into daily life, there is a need to extend legal rules to it. The new virtual space of Metaverse can be a place for committing criminal acts. In this research, the damage caused to the physical integrity of Metaverse users has been studied, and its purpose is to explain the criminal responsibility of users in this regard. Materials and Methods: This research has been carried out by analytical-descriptive method. Findings: All intentional crimes in the Metaverse are considered criminal offenses and their punishments are mentioned in the law. Crimes committed can be intentional or unintentional depending on the degree of knowledge of the possibility of crime. Imamiyya jurists emphasize the need to remove criminal liability from people without malicious intent, and contemporary jurists, such as Sunni jurists, emphasize the authority of the Islamic ruler to punish offenders. Some Sunni jurists believe in that even in the absence of malice, if the offender is aware of the possible criminal consequences of his action, he deserves to be punished. Since there is a measurement criterion for probability, it is possible to punish the perpetrator of a criminal act by determining a certain limit, even assuming the absence of malice. Conclusion: Damage to the physical integrity of Metaverse space users, under certain conditions, is a criminal offense and must be punished. In a situation where a pure mistake has been committed, the penalty can be intensified. In order to prevent the occurrence of crime, the users of this space should be given necessary and specialized training. Also, all these concerns can be resolved by establishing specialized legal laws.