The role of modern technologies in proving economic crimes

Ahmadzadeh Zolpirani, Mehrdad; Khadjehnoori, Yasaman; Najafi  Tavana, Ali

doi:10.48308/eclr.2024.237909.1112

The role of modern technologies in proving economic crimes

Document Type : Original Article

Authors

Mehrdad Ahmadzadeh Zolpirani ¹

Yasaman Khadjehnoori ²

Ali Najafi Tavana ³

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

https://doi.org/10.48308/eclr.2024.237909.1112

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

Evidence in substantiation

Modern IT technologies

Economic crimes

Detection Detection of a crime

criminal trials

References

Books
1. Langseth, Peter, The Global Programme against Corruption, Translation: Hamid Bahremand and Amirhossein Jalali Farahani, Tehran: Negaran Shahr Publications, 2008. (in Persian)
2. Mahdavipour, Azam, Differential Penal Policy in the Area of Economic Criminality, Tehran: Mizan Publications, second edition, 2016. (in Persian)
3. Mir Mohammad Sadeghi, Hossein, Special Criminal Law (Offences against Property), Volume 2, Tehran: Mizan Publications, 47th edition, 2023. (in Persian)
4. Saeidi, Soheil and Hamidreza Mirabi, Electronic Commerce, Tehran: Parsiman Publications, 2016. (in Persian)
Articles
1. Achim, M. V., Vaidean, V. L., Borlea, S. N., & Florescu, D. R. “The Impact of the Development of Society on Economic and Financial Crime. Case Study for European Union Member States.” Journals Risks, Vol. 9, No. 97, 2021.
2. Ahmadi Lashki, HamidReza, Hamid Abhari and Abbas Moghadari Amiri, “Electronic Evidence to Prove Claims in Administrative and Civil Proceedings in Iran According to Imamiyyah”, Journal of Modern Research on Administrative Law, volume 5, 2023, Issue 16, pp 179-202. (in Persian)
3. Azimi, Seyed Maysam and Ali Gholami, “Technological Surveillance in Situational Prevention of Economic Crimes and its Challenges with Information Privacy”, Majlis & Rahbord Scientific Quarterly, volume 24, 2017, Issue 91, pp 265-290. (in Persian)
4. Biasiotti, M. A., Cannataci, J. A., Mifsud Bonnici, J.P., & Turchi, F. “Introduction: Opportunities and Challenges for Electronic Evidence. In: Handling and Exchanging Electronic Evidence across Europe.” Cham: Springer International Publishing, Vol.39, 1, 2018.
5. Clifaseﬁ, S.L., Lonczak, H. S., & Collins, S.E. “Seattle’s Law Enforcement Assisted Diversion (LEAD) Program: Within-Subjects Changes on Housing, Employment, and Income/Beneﬁts Outcomes and Associations with Recidivism.” Crime & Delinquency, 63(4), 2017.
6. Densley, J., McLean, R., Deuchar, R., & Harding, S. “An Altered State? Emergent Changes to Illicit Drug Markets and Distribution Networks in Scotland.” International Journal of Drug Policy, Vol.58, No.4, 2018.
7. Dilek, S., Çakır, H., & Aydın, M. “Applications of Artificial Intelligence Techniques to Combating Cyber Crimes: A Review”, International Journal of Artificial Intelligence & Applications (IJAIA), Vol. 6, No.1, 2015.
8. Gharaei, Toktam, Alireza Hodaei and Mohammad Eshaghi, “A Feasibility Study on Reliability of Electronic Evidence in Jurisprudence, with a Glance at the Law of Electronic Commerce in Iran”, Journal Jurisprudence and Fundamentals of Islamic Law, vol.54, 2021, No.2, pp 445_467. (in Persian)
9. Jahanbin, Saeed, Mehdi Sheidaeian Arani and Mohammad Khalili Salehi, “Securityism in Opposition to Privacy Protection in the Stage of Crime Detection; A Comparative Study of Iranian and American Laws”, Journal of Comparative Study of Islamic and Western Law, volume 10, April 2023, Issue 1, pp 51-74. (in Persian)
10. Kirimi Karuti, J., Mwaniki, G., & King’oriah, G. “Forensic Accounting Polices and Fraud Control in County Governments in Kenya: Evidence from Counties in Mt. Kenya Region.” International Journal of Business Management and Economic Review, Vol. 2, No. 03, 2019.
11. kosha, Jafar and Soheila jafari, “Principles and Function of Smuggling Goods Prevention Smartization, Effects, and Challenges”, The Quarterly Journal of Judicial Law Views, volume 27, 2022, Issue 98, pp 193-216. (in Persian)
12. Modugu, K. P., & Anyaduba, J. O. “Forensic Accounting and Financial Fraud in Nigeria: An Empirical Approach.” International Journal of Business and Social Science, Vol.4, No.7, 2013.
13. Ocansey, Evans O. N. D. “Forensic Accounting and the Combating of Economic and Financial Crimes in Ghana.” European Scientific Journal, Vol.13, No.31, 2017.
14. Olbrycht, P. “The Criminality of Foreign Nationals in Switzerland as a Security Threat in the Context of Swiss Migration Policy.” Polish Political Science Yearbook, Vol.51, No. 4, 2022.
15. Purmanafi, Abolfazl, “Influence of ITC on Crime Detection Process in Organized Crimes”, Intelligence and Criminal Research Journal, volume 17, 2022, Issue 2, pp 171-190. (in Persian)
16. Roderman, W. “Is Someone Recording This? It's Harder to Find Out.” The New York Times, April 7, 2013.
17. Roudgar Kouhpar, Ata'ollah and Behzad Razavifard, “Countries’ Police Cooperation to Improve the Effectiveness of the Fight against Crime in the Light of International Documents”, Criminal law Doctrines, volume 16, 2019, Issue 18, pp 111-146. (in Persian)
18. Shiri, Abbas, “Deepfake or Unreal Audio or Video Simulation in the Criminal Law”, Journal of Legal Research, special issue of law and technology, volume 25, 2022, pp 143-168. (in Persian)
19. Stoykova, R. “Digital Evidence: Unaddressed Threats to Fairness and the Presumption of Innocence.” Computer Law & Security Review, Vol.42, 2021.
20. Talebian, Hossein and Maliha Talebian, “The Role of New Technologies in Criminalistics”, Karagah Scientific Journal, Volume 16, 2022, Issue 58, pp 75-95. (in Persian)
Electronic Resource
1. National Judicial Decisions System, Available at: https://ara.jri.ac.ir, Last Visited 6 November 2024. (in Persian)
Judgments
1. Decisions No. 9509970937400207, dated 10 August 2016, Supreme Court Branch 50. (in Persian)
2. Decisions No.9009970222700730, dated 29 August 2011, Tehran Court of Appeals Branch 27. (in Persian)