University of Guilan (with the participation of the Iranian Association of Penal Law) Criminal Law Research 2322-2328 9 2 2018 12 22 The Procedure of Discovery and Provide of Evidence in Cyberspace The Procedure of Discovery and Provide of Evidence in Cyberspace 7 30 3134 10.22124/jol.2018.7797.1340 FA Mostafa Elsan Assistant prof. in law faculty sheheed Beheshti University Mohammadreza Manouchehri Phd student in law at shaheed Beheshti University Journal Article 2017 06 17 <strong> </strong> Process of discovery, investigation and preservation of electronic evidence, as well as the reasons introduced by beneficiary in court contain important issues that need to be attended to. Principles and procedures that are used in the process and sanctions that are imposed are some of these issues. In general, introducing evidences and the effects of non-introducing are governed by general rules of criminal and civil procedure. At the same time, electronic evidence often need to some specific rules or procedures applicable to these types of evidence. In this study, we identify the tools and evidence related to cyberspace to examine the procedures and formalities expressed in the discovery of cybercrime and validating of data and formalities needed to their discovery. This paper is emphasizing the fact that there are no differences between rules and principles governing the process of discovery and admissibility of electronic records and evidences in civil and criminal cases. In the paper, the latest laws and regulations of our country have been analyzed and relevant solutions are provided to cite and validate the electronic evidence in courts and other authorities. <strong> </strong> Process of discovery, investigation and preservation of electronic evidence, as well as the reasons introduced by beneficiary in court contain important issues that need to be attended to. Principles and procedures that are used in the process and sanctions that are imposed are some of these issues. In general, introducing evidences and the effects of non-introducing are governed by general rules of criminal and civil procedure. At the same time, electronic evidence often need to some specific rules or procedures applicable to these types of evidence. In this study, we identify the tools and evidence related to cyberspace to examine the procedures and formalities expressed in the discovery of cybercrime and validating of data and formalities needed to their discovery. This paper is emphasizing the fact that there are no differences between rules and principles governing the process of discovery and admissibility of electronic records and evidences in civil and criminal cases. In the paper, the latest laws and regulations of our country have been analyzed and relevant solutions are provided to cite and validate the electronic evidence in courts and other authorities. https://jol.guilan.ac.ir/article_3134_35b828d463d1efe0a6abc1955279c658.pdf