Document Type : Original Article
Author
Master of Science in Criminal Law and Criminology, Non-Profit Justice University, Faculty of Humanities, Department of Criminal Law and Criminology, Tehran, Iran
10.22034/lc.2025.559592.1713
Abstract
The evolution of information technology and the proliferation of new communication tools such as WhatsApp, Telegram, and Instagram have transformed traditional patterns of human communication and, consequently, the methods of committing and proving crimes. Today, a significant portion of criminal interactions take place in digital environments, and therefore, evidence obtained from this space plays an important role in the process of proving guilt. However, the validity and admissibility of electronic data and messages in Iranian criminal courts face numerous challenges. The main question of the present study is to what extent the evidence and data obtained from modern communication tools are valid and admissible in the Iranian legal system, and what criteria exist for accepting or rejecting them in the criminal justice process? The aim of this research is to examine the legal status and validity of electronic data in the Iranian judicial system, analyze existing legal and technical obstacles, and provide solutions to strengthen the efficiency of the crime-proving system in the face of new technologies. The research method is descriptive - analytical and has been carried out using library resources, laws, judicial procedures, and opinions of official judicial experts. The research findings show that although the Iranian legislator has explicitly accepted electronic evidence in the laws of cybercrimes, electronic commerce, and criminal procedure, in practice, the lack of unified guidelines, the lack of standard technical infrastructure, and the lack of cooperation from foreign messengers cause doubt about the authenticity and integrity of the data. The result of the research indicates that in order to achieve criminal justice in the digital age, it is inevitable to update laws, create technical guidelines, and strengthen judicial and expert knowledge in the field of electronic evidence.
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