The Guarantee for Criminal Execution of Illegal Obtaining of Cybercrimes Evidence in Iranian Law

Abstract

Collecting reasons for crime assignment or type in fair justice system requires complying with legal rules. This issue is of paramount importance in crimes committed on the ground of or against cyber given the unknown cyber space and the different nature of reasons of message data type and computer systems. To detect the illegal cybercrime, the data or computer system of each individual shall not be inspected and seized in contrary to the fundamental human rights on the pretext of being accused. Therefore, using library research, this applied study was conducted to investigate to which consideration is exposed a reason if it indicates the crime occurrence, but is against the fundamental rights of individuals and acquired rules. Can a punishment be determined based on it or cannot? Basically, considering the fundamental rights of individuals, which requirements should be complied with in cyber reason acquisition? It seems that no absolute response can be provided for continuing validity or continuing invalidity and measures should be taken based on the conditions.