نوع مقاله : پژوهشی
عنوان مقاله English
نویسنده English
In Imamiyyah jurisprudence and Iranian criminal law, “Lowth” is an exceptional evidentiary mechanism used as a preliminary basis for applying Qasāmah in homicide and bodily injury cases. It arises when reliable indicators and probative presumptions create a strong, type-based suspicion (ẓann nawʿī) against a specific individual. With the development of modern technology, a central issue is whether electronic data—such as geolocation records, cell tower data, metadata, system logs, CCTV recordings, and electronic communications—can meet the legal and jurisprudential threshold required for Lowth, or whether they remain only judicial presumptions without reaching that level.This study examines the concept of “electronic Lowth” through an analytical–comparative approach, relying on Imamiyyah jurisprudential sources, Iranian criminal law, and modern procedural principles. It identifies the foundations of Lowth, including type-based suspicion, precaution in cases involving life, the role of Qasāmah, and its distinction from judicial knowledge and ordinary presumptions, then evaluates electronic evidence against these standards.The findings show that electronic evidence alone is generally insufficient to establish Lowth. However, when multiple digital indicators are authentic, verifiable, attributable, and mutually reinforcing, and are assessed through forensic expertise under proper legal and technical procedures, they may collectively generate the level of strong type-based suspicion required. Even then, acceptance of such evidence must strictly comply with the presumption of innocence, the principle of avoiding punishment in cases of doubt, precaution in matters of life, the defendant’s right to defense, and rigorous evidentiary scrutiny.Accordingly, Iranian law has the structural capacity to recognize electronic Lowth, but its application requires strict regulation, narrow interpretation, and caution to prevent excessive expansion of Qasāmah.
کلیدواژهها English