With the expansion of cyberspace and crimes committed in this area, the development of specific criminal laws for this area became necessary and the Iranian legislature in 2009 passed the Law on Computer Crimes, two articles of which were indefinitely allocated to theft and fraud. In the mentioned law, committing the crime of cyber theft was not considered a crime, but with the approach of the Islamic Penal Code adopted in 1392 in expanding the scope of committing a crime, it can be examined whether committing the crime of cyber theft is considered a crime? What are its jurisprudential and legal principles and documents? And if it is a crime to start cyber theft, what is the punishment? In this article, while presenting legal views, jurisprudential and legal documents and principles of committing a crime in cyber theft have been studied and pathologically, and this result has been obtained. There is a revision of the subject.