Electronic Evidence

Purpose: With the expansion of technology and its impact on the various aspects of human life, particularly in the field of commerce and exchanges, and with the expansion of competition in the field of international trade, the study of various aspects of electronic commerce as one of the most important effects of this type of business, is inevitable. The present research seeks to answer the main question: "what is the judicial citation of electronic evidence in electronic commerce cases, and what legal and social effects will it have?". Methodology: The present study is a descriptive-analytic (qualitative) one and uses inferential methodology using the researcher's ability to understand the legal scans related to the judicial citation of electronic evidence in electronic commerce cases and also to rely on evidence and facts are used. Findings: Using electronic communications as a means of conducting various types of interaction, such as deals, poses an important topic for e-commerce that due to the features of cyberspace, the clarification of the legal system in electronic commerce cases has a particular importance to the other issues of IT rights in the line with judicial justice. Conclusion: If the process of discovery and access to electronic evidence is carried out in accordance with the legal principles, it can be the basis for issuing the sentence and the rules governing the evidence (law) are also the same for the electronic commerce cases.

Introduction: Forgery is a reprehensible and immoral behavior that usually aims at financial gain, but may be done to influence the opinion of one person, deceive another, or simply to cause harm. Given the technological developments and the expansion of the use of digital tools, computer forgery has become one of the serious challenges in legal systems. Therefore, the aim of the present study is to examine the ethical dimensions of forgery and comparative analysis of computer forgery and traditional forgery in Iranian and Iraqi law. Material and Methods: This study used reliable sources and international scientific articles in the field of ethical consideration of forgery and comparative analysis of computer forgery and traditional forgery. Conclusion: Since the emergence of writing and the beginning of the use of writing to convey intentions and thoughts, distortion and alteration of lines and words have been recognized as immoral, undesirable and criminal acts. In Islamic law, forgery is recognized as one of the examples of Ta’zir crimes, and the Holy Quran has also considered this act immoral and reprehensible and has included it among the sins. With the comparative analysis presented regarding computer forgery and electronic documents in Iranian and Iraqi law, general and practical conclusions can be reached. This study showed that both legal systems, despite similarities in the main concepts and objectives of the laws, have different approaches in formulating and implementing regulations related to forgery and electronic documents.