One thing I wish was being changed for crime and punishment is the scan mechanic.
Scanning should be for your benefit to collect a bounty. Not in any way a dependency on committing or not committing a crime.
IE. The crime isn't that i didn't scan the ship prior to shooting it. The crime is shooting the ship.
When it reports this activity to the system authority, they know who is wanted and who isn't by them and so if the ship reporting the crime is wanted, no bounty is levied against the shooter. If it isn't wanted, then a bounty is levied.
This is how it should work intuitively and how it makes the most sense to work in-game. Why it works via scans ....i only have infinite rage as an answer.
It works via scans because then its proof you're firing for the purpose of collecting a bounty, not because you like watching ships go boom. Intent is a big part of law in most countries.
If I walk up and smack someone in the back of the head with a bat and tell my friends how funny it is, I've committed a crime. If instead I hit him because I've discovered he's a known serial killer and I'm stopping him from killing me or a third party, that's not a crime.
Of course, the big difference here is that in the modern day, I'd have to prove my intent wasn't for the giggles. In ED, the fact you scanned him and got a positive result on a criminal record is all the proof you need.