نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In the present era, concurrent with the development of digital technologies, new forms of assets known as digital assets have emerged. These assets, including cryptocurrencies, non-fungible tokens, metaverse-based assets, and digital gold, although lacking physical existence, often possess significant economic value. Bail is regarded as one of the most frequently used security measures in the criminal procedure process; however, changes in the nature of individuals’ assets and the expansion of digital ownership necessitate a reconsideration of the traditional concept of bail. Therefore, assessing the feasibility of using digital assets as bail in criminal proceedings is of practical and theoretical importance. This study adopts a descriptive–analytical method to examine the legal capacity for accepting digital assets as bail. The findings show that, based on an expansive interpretation of Article 217 of the Criminal Procedure Code, the illustrative nature of the enumerated examples, the rationale of security measures, and the significant value of digital assets, the legal capacity for accepting digital assets as bail potentially exists. Nevertheless, in practice, pledging digital assets as bail faces challenges including legislative gaps, value volatility, security risks, and the lack of appropriate executive infrastructure, for which proposed solutions are presented. Ultimately, the study concludes that, despite these challenges, the use of digital assets as bail is feasible, subject to the development of the concept of property, the formulation of a comprehensive legal framework, and the adoption of precise executive regulations.
کلیدواژهها English