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Procedural law provisions of the council of Europe convention on cybercrime

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Abstract:

The Council of Europe Convention on Cybercrime is the first international treaty on crimes committed via the Internet and other computer networks. It aims principally at harmonising the domestic criminal law elements of offences and connected provisions in the area of cyber-crime and setting up a fast and effective regime of international co-operation. Considering the inadequacy of traditional investigative powers and the absence, in most countries, of specific procedural rules applicable in cyberspace, the Convention is also aiming at providing for the domestic criminal procedure law powers necessary for the investigation and prosecution of criminal offences that are likely to be committed via computer systems, as well as for any type of criminal investigation where it is necessary to collect information that exists in electronic form. These powers, some of which are particulary innovative, correspond to different objectives, such as compiling evidence, locating the source and identifying the perpetrator of an offence. However, they are all intended to enable computer data to be obtained or gathered in the context of ongoing criminal investigations, and do not have a proactive effect or scope. The Conventions fundamental premise is thus to recognise that digital data has a legal value in itself and probative force that is identical to that of material evidence existing in the non-virtual world.

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/1360086042000223472

Publication date: July 1, 2004

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