پژوهشهای حقوقی (Sep 2023)

The Role of Emojis in Crime and Interpretive Challenges

  • Zeinab Laki,
  • Razieh Saberi,
  • Abbas Moradi

DOI
https://doi.org/10.48300/jlr.2022.339275.2036
Journal volume & issue
Vol. 22, no. 54
pp. 313 – 344

Abstract

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In online communication, emojis are widely used and are often considered as beautiful and exciting additions to the original text. Emojis are now referred to as the "language of the online age" and "the fastest growing language in the world." In digital text messaging, it is possible to convey humor, emotion and sociality through emojis. However, the question is that in addition to the role of text beautification and transmission of emotions, is it possible to commit a crime by sending emojis? What are the challenges faced by jurisprudence in dealing with emojis as evidence? Therefore, the present article first examines the role of emojis in crimes such as intimidation and insults by recognizing different judicial examples of criminal cases and emoji-related proceedings, and then the challenges facing acceptance. Emoji evidence is evaluated in criminal proceedings.Findings show that criminal activities can be committed under the guise of emotional emoji function and their role in facilitating trust for a criminal purpose, and in particular crimes such as threatening, insulting or sexually abusing children, can be sent through Emojis occur. However, Criminal Courts In interpreting emojis and evaluating them as evidence,They face challenges such as poor expression and implication of emojis in criminal proceedings, change of platform, cultural differences in the interpretation of emojis, and instability of the psychological element in emoji-based crimes After getting acquainted with the challenges in emoji-based criminal proceedings, it has been tried to introduce solutions to these challenges in order to resolve the problems and create a unified judicial procedure.

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