Document Type : Original Article
Authors
1 Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad university, Tehran, Iran
2 Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad university, Tehran, Iran), (Corresponding Author )
3 Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad university, Tehran Iran
Abstract
In criminal courts, judgments are rendered in accordance with scientific and intuitive evidence exhibited on the case. Personal knowledge of the judge about invoked evidence and documents is based on the grounds which not only are perceptible for them but also satisfy their obligation of conscience. In this regard, the present research, with a descriptive and analytical method, focuses on establishing the authenticity and probative force of documents by making use of modern technologies, gathering evidence based on digital or electronic data in criminal courts, and exploring how to prove economic crimes with the assistance of new technologies. Being in agreement with Electronic Commercial Code, the resultings of the current study affirm citedness of digital technology-based evidence. A subject that has been approved in laws such as Law on Electronic Commerce, Law on Criminal procedure. To put it simply, since the way of performing economic crimes, has been changed in proportion to the technology, it is imperative to present evidence with the help of modern technology in order to prove crimes. Also, due to a broad span of economic crimes, it is necessary to utilize the latest technologies comparable to each offence to attain sufficient and conclusive evidence. As a result, different legal systems, including Iran’s criminal justice system, are expected to cease using traditional evidence and adopt necessary measures to update their current laws and regulations.
Keywords
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