A Comparative Review of Presenting Electronic Evidence in Court; Forms and Validity

The Iranian Electronic commerce Act has accepted the formationof any evidence in the form of data message. Therefore, document,testimony, oath and confession are capable of being electronicallyformed. Notwithstanding this, the possibility of formation of evidencein the form of data message is different from the issue of presentingelectronic evidence in courts. Electronic document can be presented tocourt by using the maintaining means of recording. Testimony mustbe physically presented in court, thus testimonies that are recordec inthis means may only have a presumptive value. If a confession ispresented by means of electronic instruments and in the form ofonline communication, it seems to be considered as a confession madein the court.