E-signature is an electronic data that is attached to a data message. As to its Probative Value, E-signature is divided into simple E-signature and secure E- signature. The main rule about E-signature is that E-signature has the same effects as handwritten signature.Another issue on digital signature is how to determine the attribution of a digital signature to a specific person. In this article we consider Probative Value of electronic signature and its definition.

Applying artificial intelligence in criminal investigations makes it necessary to examine the Probative Value of intelligent evidence such as silent testimony, admission of confession, expert theory, and intelligent tracker in criminal policy based on Sharia doctrines such as Iran's criminal policy.  The present article, with the descriptive-analytical method, based on the sources and evidence in the field of proof of claim, tries to examine the Probative Value of these proofs in an intelligent state. The findings of the research indicate that by carefully examining the judicial procedure of the courts, the modern performance of smart technology, and the dominant view of the authorities and the public, we will find that the reference to silent testimony recorded and transmitted confessions, the opinion of an expert, intelligent tracker or detective in the judicial process. It is not unlikely and far from expected. Regarding the silent testimony in crimes, perhaps it can be given more objectivity than human testimony and viewed as visible evidence. In addition, in some cases, the opinion of an expert and the use of a smart tracker may be able to provide the knowledge of the judge more than other evidence. Therefore, the full implementation of this action in the near future and with the growth of the use of artificial intelligence is an inevitable phenomenon, and the public and judicial must be prepared to coordinate with the speed of its development.

In the judicial system of Islam, testimony is one of the most important evidence of proof. The validity of the testimony depends on the credibility and plurality of the witness, so that if the testimony is lacking in terms and conditions, its credibility will be shaken. In this paper, we examine the "Probative Value of testimony is lacking conditions" and, after exposing the conflicts and ambiguities of the domestic laws regarding the Probative Value of this type of testimony, we refer to its jurisprudential background. In jurisprudence, there is no independent discussion under this heading, but from the context of the jurists' terms of testimony, it can be concluded that, despite the fact that some writers regard it as worthy of a judicial title, this type of testimony lacks any Probative Value, since testimony in jurisprudence, Is an independent evidence, which is accepted under the name of Byenehn Shari'a with all its conditions, and essentially no any Value for lacking Binh-i-Shi'ain. By comparing the issue with awareness of the uniformity of the relevant regulations in other countries, the Value of this type of testimony, like all other evidence, depends on judge, however, due to the fundamental difference in the basis of this type of evidence in the law of Iran and those countries Compliance with other countries is not recommended.

The most important part of the proceedings related to crimes, both traditional and computerized, is related to evidence to prove the case. The existing evidence in the computer systems are electronic. The present research in terms of purpose is an applied one which employs descriptive-analytical methodology and is based on library resources. The present research has been conducted with the aim of comparing the Value of proving such evidence in the legal system of Iran and France. The judicial system is facing a serious challenge regarding the admissibility of electronic evidence due to the special characteristics of this evidence and the associated anonymity of perpetrators, as well as the speed with which evidence and crime scenes disappear. Collecting such evidence requires compliance with legal rules and regulations and any kind of non-compliance with these rules and regulations calls into question the integrity, validity and irrefutability of the evidence and causes the courts to reject the evidence. Therefore, in the process of criminal proceedings, the issue of referral to the evidence collected in the cyberspace is of special importance. The results of this study show that the Probative Value of electronic evidence, although not explicitly stated in the laws of Iran and France, has been accepted and that the legislators of both countries Value such evidence in as much as and in the limit of the traditional evidence. The legislator body has considered the mere compliance with rules and regulations of collecting electronic evidence to be sufficient for the citation of and referral to such evidence.

The Code of Criminal Procedure in any country is indicative of the criminal policy model governing its criminal justice system. The principal element within the criminal process that can influence the conviction or acquittal of an individual is the evidence adduced and the Probative Value accorded to it. Undoubtedly, the assessment of the Value of evidence presented by the tripartite parties to criminal proceedings falls within the purview of judicial precedent. The European Court of Human Rights (ECtHR), as the highest judicial authority in member states of the European Union, and a judicial precedent in its broad sense within Iran, can serve as highly suitable benchmarks for evaluating these assessments. This is because certain types of evidence and their methods of acquisition may be deemed admissible and valuable under Iranian practice, whereas the process pertaining to the same evidence within the jurisprudence of the ECtHR might be considered fundamentally invalid. Consequently, through the analysis of the jurisprudence of both legal systems, this article concludes that the judicial authority's perspective and evaluation, on one hand, regarding the nature of the evidence itself, and on the other, regarding the interpretation of the method of its acquisition, collection, and the Value conferred upon it by law, can significantly impact the criminal process and, ultimately, the proof of guilt or innocence of citizens.

With the advent of information technology, the traditional concept of a document has transformed, and the "electronic document" has emerged as an intangible counterpart to paper documents. Following modern systems, the Iranian legal system has also legislated in this area, granting legal validity to electronic documents and clarifying their conditions. This research, in a descriptive-analytical manner, delves into the legal foundations of the acceptance of electronic documents in Iranian and Turkish law, the formal and substantive conditions of their validity, the evidentiary Value of these documents in judicial authorities, as well as the regulations related to electronic signatures, their types, and the legal effects thereof. The aim of this research is to identify the strengths and weaknesses of the legal approaches of each of these countries in dealing with this emerging legal phenomenon. Comparing the relevant laws and regulations of both legal systems in the field of developing and streamlining the use of electronic documents and signatures can pave the way for the exchange of experiences and the provision of suggestions for improving and harmonizing laws to facilitate e-commerce and reduce costs and time in conducting transactions and information exchanges. Furthermore, this research can contribute to a better understanding of the legal and technical requirements for the use of these modern tools in the digital space for economic actors and legal professionals in both countries. The research findings indicate that both legal systems, influenced by technological advancements, have enacted laws to recognize and validate electronic documents and signatures. However, a comparative analysis of existing laws reveals differences in the details regarding the formal and substantive conditions for the acceptance of these electronic evidences, the level of their legal validity compared to traditional documents, as well as the related executive and judicial mechanisms. Consequently, the main challenge in both countries is ensuring the authenticity and immutability of the content of electronic documents, which creates difficulties in private law for creating transactions and in civil procedure for proving them, necessitating legal and technical mechanisms.

Probative principle, in the Usulis' literature, is an Istishab which rational, ordinary and accidental requirements have religious effects on its result. Although the Usulis prior to Sheikh Ansari considered authority for requirements of Istishab, the famous Usulis who came after him didn’ t consider authority for Probative principle. The fact that non-validity of some Usuli issues is based on non-validity of Probative principle and their effect on jurisprudents' fatwas indicate the vast application of this issue. Non-authority of the principle of posterior occurrence of an event and Istishab of eternal non-existence, non-permissibility of issues such as extending the implications of the individual to universal Istishab, extending the implications of origin to the Istishab of non-existence in the rule of origin and impediment, proof of the object of the rule in a qualified form through Istishab of an constituent of object are all related to non-authority of Probative Istishab.

Substituted Service is one of the greatest challenges of legal systems and the date of notice is the beginning of legal deadlines for the audience to exercise his right from then on, in accordance with statutory time limits. Serve judicial documents can be considered as one of The Act Creator Right as it creates a right to object to judgment and votes and to protest against mentioned claimes that can lead to the Rightfulness or violation of the right of the person. Putting up the rules of Electronic Substituted Service in the criminal procedure non inhibition using them in civil procedure but there is new interpretation of rules in the legal system of Iran. Electronic Substituted Service is a new method which is against the old legal systems in terms of method of notifications. In old method, notifications to relatives and other people in legal cases, date and background of notification in terms of inserting in the system, observing the addresssee and the existence of two dates of notification and binding to use and the performance of the responsible institutions and not paying attention to some laws, has a great impact on the quality and nature of electronic communications. The analysis of present rules and identification of problems by considering French Rules through library research and providing proper solutions such as non-mandatory use of the system, corresponding to constructive service, not imparting notice on holidays and non-office hours with a look at Jurisprudence and French rules are the purposes of this article.