فهرست مطالب محسن صوفی زمرد

The use of data and electronic systems as the subject of a crime, the means of committing a crime, and finally the means acquired from a crime are among the manifestations of the negative link between these technologies and criminal law in Iran. Inspection and seizure of electronic evidence is one of the most important actions of law enforcement officers in the acquisition of this evidence.

The article is of a descriptive-analytical type, which was written using a library document method.

By reflecting on the relevant regulations in the field of cybercrimes, two areas of the role and powers of the police in the position of the bailiff for search and seizure can be defined and systemized; First, the powers that the police force has in the search and seizure process directly and without the need for a judicial order, and secondly, the powers that the police have in the role of executing the orders of the judicial authorities to search and seize computer and telecommunication systems.

by examining the laws of Iran, France and England as well as European documents, in general for the search and seizure of evidence; Three conditions are foreseen: the first condition for inspection and seizure of data and system is the necessity of a judicial license or the same document as ordered by the judicial authority. The second necessary condition for the inspection and seizure of data and systems is the need to pay attention to the privacy and confidentiality of acquired information or any other information about data and systems and related persons. The third condition is in the process of inspection and seizure of data and their protection system.

Service providers, developers and content producers in cyber space are often non-governmental natural/legal entities. Therefore, ensuring the security of this space depends on the responsible participation and association of nongovernmental organizations with the police in the process of crime prevention and cyber security. In the domestic arena, all individuals and institutions related to cyber activities can directly participate in the security of the cyberspace and be reliable partners of the police, but the main problem in this regard is the way to organize and use and the communication model of these partners with the police in the international arena. And the range of police powers.

The current research is descriptive-analytical and "applied" in terms of its purpose. The method of data collection is also a library with a chip removal tool.

The security of cyberspace, policies, strategies, programs and preventive measures in it are significantly dependent on the private sector, and security in this space should be provided with the view of maximum participation and above all, it should be based on interaction and use of capacity. be in the private sector. Cooperation with the private sector, especially to monitor the main entrances of Internet communication and border crossings, data storage and communication infrastructure, and systems carrying national big data to prevent penetration, variability, maintain integrity and credibility, and exchange secure content. and healthy and awareness-raising and the adoption of appropriate technical measures in parallel with the observance of the fundamental rights of individuals through helping the coherence and coordination of programs centered on the police should be followed for the inherent duty of crime prevention and detection.

conclusion of cooperation memoranda, establishment of international institutions and organizations between the police of Islamic countries, acceleration of the creation of a national information network by using the capacity of the private sector and formulation of frameworks for the cooperation of the private sector with the police by using the capacity of Haya Rapid response teams, establishing contact points with the private sector, especially in the international arena, can help the police in cooperation with the private sector to ensure the security of cyber space.

In spite of the widespread influence of cyberspace on both macro (Government) and micro (citizens) levels, its security provision is also focused attent6tion. Although all criminal activities in cyberspace are not the same in terms of the subject matter, criminal motive, the significance and effects of the conduct, but because all criminal behavior disturbs some kind of security in this area, they are in line with delinquent behaviors in the real space. Some criminal behavior in cyberspace also directly targets a country's security, critical infrastructure, or sensitive information. Therefore, in addition to the necessity of combating cyber threats, the executive agencies of the country, especially the police need legislation in order to implement the criminal policy adopted by the legislature to adequately respond to these behaviors and ensure its security; meanwhile, the challenges ahead require to be examined.

The method of this research is document-based in terms of collecting data, and the documents were collected from libraries and electronic publications. It is a descriptive-analytical one also.

Although legislative policies in the area of virtual space security explain offenses and criminal responses to some extent, many of the action-based measures require policy making and determination of duties for executive agencies. On the other hand, doctrinal and ideological obstacles, ambiguity in criteria governing policy making, weakness of executive agencies and technical access, lack of inclination of private and public sectors to collaborate with police, structural limitations and imbalance in utilizing technologies have prevented the development of a coherent and comprehensive approach to counteracting cyber threats.