Deputy Minister of Justice of the Kyrgyz Republic Iskender Sydygaliev reported that an international working group has been formed in the ministry to develop new laws in the area of the Criminal Procedure Code, the Criminal Code, and the Code of Offenses. "Modern criminal legislation is based on tangible evidence that can be physically perceived. However, today we are facing cybercrimes and crimes in the field of cryptocurrency, which requires changes," he added.
Digital law specialist Marat Torobekov emphasized that "a global analysis of the criminogenic situation shows that crime is actively moving into the digital sphere."According to Torobekov, updating the criminal legislation will allow law enforcement agencies to obtain the necessary powers and tools for effective combat against online crime. "The emergence of new terms such as digital evidence, as well as the updating of existing criminal articles related to cybercrime, will be an important step in this direction," he added.
Sydygaliev explained that in the traditional understanding, experts rely on physical evidence that is documented and sent to expert centers for analysis. However, the situation is different with digital evidence: "For the correct detection, seizure, and storage of digital data, normative consolidation in the criminal procedural legislation is necessary," he noted.
After the adoption of the new law, it is planned to develop methodological documents and train experts, investigators, forensic specialists, judges, and prosecutors to work with digital evidence. "Improper handling of data can lead to its loss and negatively affect the investigation," added the deputy minister.
Sydygaliev also noted that many people perceive digital evidence as simple screenshots from messengers, but this is not entirely accurate. "Digital evidence includes metadata that helps identify offenders," he clarified.
Torobekov added that the draft law also provides for special mechanisms for interaction with international partners, which will allow for the prompt acquisition of data necessary for criminal cases and their exchange.
It is worth noting that the package of amendments introduces new definitions and interpretations.
- The concept of digital evidence. The Criminal Procedure Code will introduce the concept of "digital evidence," which means data in digital format obtained from networks, devices, or services that are relevant to the case.
- Collection and documentation. New articles of the Criminal Procedure Code (Articles 94-1, 94-2) will regulate the seizure of digital data, and measures without a court decision will be provided to prevent data loss (Article 94-3).
- International cooperation. Provisions for urgent data exchange with international bodies will be added to the Criminal Procedure Code (Article 510-4), including requests for data preservation.
- Changes to the Code of Offenses. Similar changes apply to cases of offenses - the collection of digital evidence and its use in court.
- The term "automated information system" will be excluded to encompass all digital platforms.
