The principle of proportionality in seizure of data and system in the criminal procedure

Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. The connection between the two forms the computer platform and the sphere of information and communication technology, and the principle of proportionality should be interpreted according to this feature. The principle of proportionality in data seizure means balancing the four elements of the need for seizure, the importance of the data and the system, the relationship of the data or system to the crime, and the relationship of the data or system to the data and other systems. The present article, using library resources and judicial decisions, has tried to show in a descriptive and analytical way that the appropriateness of confiscating data and systems is comparable to confiscating the platform of activity and not confiscating property or documents and has reached this conclusion. The appropriateness of confiscating data and computer systems relies In addition to relying on approaches based on the requirements of traditional space, such as the application of precautionary measures to respect the rights of society and the victim and the requirements of cyberspace Like understanding the place of computer exchange space in today's activities, she has also paid attention to protecting the rights of the accused.