A comparative study of the conditions of obtaining evidence, inspection and seizure of electronic evidence in the stage of police actions in Iran, France and England

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.