Journal of Legal Research

Journal of Legal Research

Judicial Hybridization in International Cybercrimes within the Powers of the International Criminal Prosecutor

Document Type : Original Article

Authors
Alireza Mohaghegh Harcheghan 1
Mohammad Ali Ardebily 2
Ebrahim Beigzadeh 3
Mohammad Mahdavi Sabet 4
1 PhD in Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
3 Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
4 Associate Professor, Department of Criminal Law and Criminology, Faculty of Theology, Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
10.48300/jlr.2023.388705.2304
Abstract
One of the areas of investigation in the International Criminal Court is cybercrimes. Due to their nature, these crimes require a lot of sensitivity in the discussion. In this research, which has been done by descriptive-analytical method, the powers of the international criminal prosecutor in dealing with these crimes have been examined and judicial hybridization has been considered. Hybridization is used to refer to the phenomenon whereby there is convergence between different legal systems. The Statute of the International Criminal Court has a hybrid approach due to its influence from both the common law and civil law legal systems. According to this statute, the prosecutor must provide a combined performance within the framework of his authority. Therefore, the prosecutor can act multifacetedly by using criteria and according to the articles of the statute. One of these powers is to dismiss cases in the interests of justice. Another authority of the prosecutor is the possibility of modifying and changing the charges that he has previously brought against the defendants.
Keywords
Judicial Hybridization
Cyber Crimes
International Crimes
International Criminal Court
Powers of the Prosecutor of the International Criminal Court
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Journal of Legal Research
Volume 24, Issue 61
Spring 2025
Pages 59-90