A Comparative Study of the Probative Value of Electronic Evidence in Criminal Proceedings in the Legal System of Iran and France

Subject Areas : Legal Studies of Cyberspace

Ramin Delkhoon Asl ¹ , Iradj Gedozian, ² , kiomars kalantari,, ³

1 - Law/Faculty of Humanities/Islamic Azad University/Gorgan/Iran
2 - Department of Law - Gorgan Branch - Islamic Azad University - Gorgan - Iran
3 - Department of Law - Gorgan Branch - Islamic Azad University - Gorgan - Iran

Received: 2022-11-26 Accepted : 2023-01-11 Published : 2023-02-01

Keywords: Cyberspace, Electronic evidence, Positive Value, Validity of Electronic Evidence,

Abstract :

The most important part of the proceedings related to crimes, both traditional and computerized, is related to evidence to prove the case. The existing evidence in the computer systems are electronic. The present research in terms of purpose is an applied one which employs descriptive-analytical methodology and is based on library resources. The present research has been conducted with the aim of comparing the value of proving such evidence in the legal system of Iran and France. The judicial system is facing a serious challenge regarding the admissibility of electronic evidence due to the special characteristics of this evidence and the associated anonymity of perpetrators, as well as the speed with which evidence and crime scenes disappear. Collecting such evidence requires compliance with legal rules and regulations and any kind of non-compliance with these rules and regulations calls into question the integrity, validity and irrefutability of the evidence and causes the courts to reject the evidence. Therefore, in the process of criminal proceedings, the issue of referral to the evidence collected in the cyberspace is of special importance. The results of this study show that the probative value of electronic evidence, although not explicitly stated in the laws of Iran and France, has been accepted and that the legislators of both countries value such evidence in as much as and in the limit of the traditional evidence. The legislator body has considered the mere compliance with rules and regulations of collecting electronic evidence to be sufficient for the citation of and referral to such evidence.