A Comparative Study of the Electronic Evidence in Criminal Justice Systems of Iran and China
Subject Areas : Legal Studies of Cyberspace
Babak pourghahramani
1
,
Reza Ghaderi
2
1 - associate professor
2 - Department of Criminal Law and Criminology, Maragheh Branch, Iran
Keywords: Data Collection, Electronic evidence, credibility of electronic evidence, data seizure, criminal justice system of Iran and China,
Abstract :
Background and Objective: With expansion of cyberspace, crimes in this area have also spread. The need for credibility, seizure and collection of electronic evidence has been considered in various criminal justice systems. The purpose of this article is to comparatively study and analyze the position of electronic evidence in the criminal justice systems of Iran and China.Method: The present research employs a descriptive-analytical method in reaching its objectives. The rules and regulations governing electronic evidence in China and Iran have been studied and comparatively examined.Findings: Investigating cybercrime requires the seizure, collection and credibility of electronic evidence in the trial process. The laws and regulations of Iran and China have dealt with these issues separately and have provided solutions for criminal prosecution by criminalizing cybercrime.Results: The criminal systems of Iran and China have adopted different regulations and laws with regard to collection, seizure and credibility of the electronic evidence according to their own needs in the society. The legal system of China is more developed than Iran as far as its technical and specialization are concerned. The legal system of Iran, in its turn, follows a human rights approach of the same and attempts at restricting the authority of the justice administration law enforcement agents by stating their duties and responsibilities. Both of the systems use police force as the responsible body for collecting, seizure and credibility of the electronic evidence.
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