The Ministry of Justice introduces digital evidence in criminal cases. Amendments to the codes are being discussed. » Gazeta.kg

The Ministry of Justice of the Kyrgyz Republic has developed a draft law that amends the Criminal Code, the Criminal Procedure Code, and the Code of Offenses with the aim of introducing the institution of digital evidence. This step is driven by the increase in crimes in the digital sphere and the necessity to align the terminology with the Digital Code of the KR.

The draft is available for discussion on the portal koomtalkuu.gov.kg.

What is being proposed?

The presented draft law "On Amendments to Certain Legislative Acts (in the Criminal Code, Criminal Procedure Code, and Code of Offenses of the KR)" aims to integrate digital evidence into criminal and administrative processes. This document is necessary for adapting legal norms to the latest digital technologies, which are becoming increasingly prevalent in criminal activities.

As part of the amendments, new definitions and clarifications are introduced:

Definition of digital evidence. The concept of "digital evidence" is introduced in the Criminal Procedure Code, encompassing data in digital format obtained from various networks, devices, or services that are relevant to the case.
Collection and fixation. New articles in the Criminal Procedure Code (Articles 94-1, 94-2) define the procedure for seizing digital data, including the possibility of taking urgent measures without a court decision to prevent loss (Article 94-3).
International cooperation. Provisions concerning the urgent exchange of data with foreign authorities (Article 510-4) have been added to the Criminal Procedure Code, including requests for information preservation.
In the Code of Offenses. Similar changes pertain to cases of offenses - the ability to collect digital evidence and use it in judicial processes.
The term "automated information system" is removed to encompass all digital platforms.

The changes will affect more than ten articles of various codes.

What is the purpose of the changes?

According to representatives of the Ministry of Justice, the main task is to create a legal framework for the collection, storage, and use of digital data as evidence. This is prompted by the rise in cybercrimes such as fraud, unauthorized access, and data manipulation.

“The existing codes do not meet the requirements of the digital age: they lack provisions for digital evidence, which can lead to their inadmissibility in court and complicate investigations. Outdated terminology, such as 'automated information system,' does not cover modern technologies (such as cloud services and distributed systems). The draft excludes these terms to achieve consistency,” the justification for the draft states.