نوع مقاله : پژوهشی
1 دانشیار، گروه حقوق جزا و جرمشناسی، دانشگاه مازندران، بابلسر، ایران.
2 دانشجوی دکتری، گروه حقوق جزا و جرمشناسی، دانشگاه مازندران، بابلسر، ایران. (نویسنده مسؤول)
عنوان مقاله [English]
With the expansion of new information and communication tools, new methods of communication between people were created, all of which can be cited in courts of law and arbitration. People are more inclined towards these methods and tools in their daily relationships due to various reasons including ease. As a result of this issue and the advancement of these tools and information, it is possible to avoid the physical presence of litigants and to use and present evidence in the proceedings. In advanced countries, it has been more than a decade that all the elements of a lawsuit in the courts have been followed electronically from the beginning to the end, and apparently our country has also moved in this direction to some extent. The purpose of this research is to examine the evidence of electronic proof, its value and validity, as well as its legal challenges. The results of the present research show that in Iran's legal system, in many cases, evidence of electronic proof has not been codified. Also, in many cases, there is no ruling regarding this category of reasons. As a result, it is better for the legislator to adopt clear positions in this field and to express the mechanism of using such reasons in the substantive laws as well.