The proportion of seizure of crime-related data and criminal jurisdiction in the cybercrime process
Subject Areas : Legal Studies of CyberspaceAkbar Alizadeh 1 , Tahmineh Edalatju 2 , Hassan Alipour 3 , Sadegh Tabrizi 4
1 - Department of Law - Amin University of Law Sciences
2 - Department of Law - Faculty of Humanities, Islamic Azad University, Tehran West Branch
3 - Assistant Professor, Faculty of Law, Qom Farabi Campus University, Tehran, Qom,Iran(Corresponding Author)
4 - تهران - دادسرای عمومی و انقلاب تهران
Keywords: Cyber crimes, criminal jurisdiction, data seizure, place of crime, place of crime discovery,
Abstract :
Seizure of data or system is the process of taking possession of information and computer tools related to the crime, whether they are the means of the crime or related to the crime or its subject, by the prosecuting authority., data or system arrest can be related to criminal jurisdiction in three ways and help in its detection: One is to detect the crime where the location of the crime is not definitely known. The location of the data seizure and the system is an obvious clue to the detection of the crime. Second, because of the occurrence of criminal behavior. The place of seizure of data or system can be indicative of the permanent or temporary competent place (judicial representation or referral) to deal with the crime.Third, in terms of the situation of the data or the system in relation to the conduct of the crime, if the data or the system is used as a means of committing a crime, or if it is the subject of a crime or learned from a crime, it can play an effective role in determining competence, depending on the case. The present article, by using library resources and judicial review,, and then came to the conclusion that although there is no direct relationship between data seizure and criminal jurisdiction. But due to the many jurisdictional challenges related to crimes committed in the cyberspace, data seizure can be used as a proof or indicator to establish criminal jurisdiction
