Legitimacy Assessment of Evidence Obtained from Modern Technologies from the Perspective of Imamiyyah Jurisprudence and Criminal Law

According to jurisprudence texts and legal standards (Article 60 of the Criminal Code), criminal evidence includes five types of confession, testimony, oath, oath and knowledge of the judge. It is noticed that in criminal evidence, there is no specific place for the evidence obtained from new technologies. These evidences can be types of constantly evolving electronic technologies related to virtual space and computer systems or a variety of sounds, images and videos recorded and available to judicial authorities, which can be more effective in persuading the conscience of the judge compared to traditional evidence such as testimony. The current research is trying to answer this basic question with a descriptive analytical method and using library tools, firstly, is there a capacity in the jurisprudence sources and the current criminal law texts to take advantage of the evidences that are constantly progressing and expanding from new technologies or not? Unfortunately, in recent decades, despite the increasing use of modern evidence in the legal systems of other countries, Islamic legislators have neglected to synchronize themselves with the developments related to this field and this has led to confusion and differences in the judicial procedure regarding the possibility or impossibility of using modern evidence. Especially considering the importance of the principle of legitimacy of education, it has created evidence in criminal matters. Despite some ambiguities and the need to make some legal reforms, there is a suitable capacity to use the evidence from new technologies in the 2013 approved Islamic Criminal Law.