نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد گروه حقوق کیفری و جرمشناسی، دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی، ایران، تهران
2 کارشناس ارشد حقوق کیفری و جرمشناسی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Proving evidence is the bridge between procedural and substantive laws in criminal proceedings. Human progress in the field of information and communication technology has made it necessary to design and examine electronic criminal confessions as one of the important evidences in the laws of Iran and Afghanistan, which the current research has been responsible for. How to validate this evidence in the laws of the two mentioned countries is the subject of the present research, which was done with the descriptive-analytical research method. First, the feasibility of accepting the accused's confession through electronic telecommunication systems; Then, the challenges regarding its validity in the criminal laws of Iran and Afghanistan have been examined. In Iranian law, electronic criminal confession is accepted. However, in Afghanistan's law, the legislator has not provided a statement regarding the acceptance of electronic criminal confessions with respect to technological advances. The challenges of accepting electronic criminal confessions in Iranian law are in the cases of judicial representation, proof of limits, the necessity of physical presence of the accused before the judge. The current research was conducted with the hypothesis that the need to attend the proceedings based on audio-visual contact and the interaction of the accused with the judge from a distance is as necessary as physical presence; And with the provision of the necessary conditions, virtual presence has effects like other social interactions. Undoubtedly, the challenge of virtual presence through transparent, safe and secure electronic infrastructure with high-speed Internet is solved. However, in Iranian law, the lack or lack of completion of optimal realization infrastructures, as described above, is an important challenge for realizing the validity of electronic criminal confessions based on the standards of fair proceedings, which the judiciary must provide in order to provide these infrastructures to give validity to this type of evidence has enough effort.
کلیدواژهها [English]
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