A Legal Analysis of the Challenges and Enforcement Mechanisms of Electronic Evidence in the Iranian Judicial System

Authors

    Alireza Poor Mollaei Department of Law, Ki.C., Islamic Azad University, Kish Island, Iran.
    Amirhamzeh Salarzaei * Full Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Sistan and Baluchestan, Zahedan, Iran. Amir_hsalar@theo.usb.ac.ir
    Saeidsharafoddin Tabatabaei Department of Jurisprudence and Law, Zah.C., Islamic Azad University, Zahedan, Iran.

Keywords:

electronic evidence, Iranian judicial system, legal challenges, enforcement mechanisms, electronic litigation, evidence authentication, data security, Electronic Commerce Act, Computer Crimes Act, fair trial

Abstract

The legal analysis of the challenges and enforcement mechanisms of electronic evidence in the Iranian judicial system reveals that with the expansion of digital technologies, electronic evidence has emerged as a modern tool in judicial proceedings. Despite advantages such as speed, accuracy, and ease of storage, electronic evidence faces challenges including authentication, data security, linguistic differences, and the large volume of information. In the Iranian judicial system, although laws such as the Electronic Commerce Act (2003) and the Computer Crimes Act (2009) have facilitated the recognition of electronic evidence, the enforcement of such evidence remains ambiguous due to insufficient technical and legal infrastructures. This study emphasizes the necessity of enacting comprehensive legislation, establishing appropriate technical infrastructures, and training judges and legal practitioners to effectively utilize electronic evidence, thereby fully safeguarding the rights of litigants and achieving fair trials.

Published

2025-05-10

How to Cite

Poor Mollaei, A. ., Salarzaei, A., & Tabatabaei, S. . (2025). A Legal Analysis of the Challenges and Enforcement Mechanisms of Electronic Evidence in the Iranian Judicial System. Legal Studies in Digital Age, 3(4). https://www.jlsda.com/index.php/lsda/article/view/119

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