The Milli Majlis (National Assembly) has approved amendments to the Criminal and Criminal Procedural Codes in the first reading during today's plenary session. As reported by the Operative Information Center-OMM, this significant legislative step was taken within the framework of the ratification of the United Nations (UN) Convention against Cybercrime.
What is the primary objective of the legislative changes?
The primary goal of the new draft law is to address modern challenges in the fight against cybercrime. These amendments serve to eliminate existing gaps in legislation and fully integrate the requirements of international treaties into the domestic legal system in Azerbaijan. By aligning with global standards, the country aims to strengthen its digital security infrastructure and judicial response to transnational electronic threats.
New terminology: From 'computer systems' to 'ICT systems'
In accordance with the requirements of the Convention, significant updates are being made to legal terminology. The term "computer system" in the legislation is being replaced by "ICT system", while "computer data" will now be referred to as "electronic data". This change ensures that all modern technological tools, ranging from smartphones to cloud infrastructure, are included within the scope of legal regulation.
Additionally, the following legal concepts are being introduced into the legislation:
- Traffic data
- Subscriber information
- Content data
- Service provider
Collection of electronic evidence and legal framework
The additions to the Criminal Procedural Code establish a comprehensive legal framework for the collection of electronic evidence. This includes rules for the acquisition, protection, and procedural documentation of electronic data. Furthermore, the legal grounds for the inspection, search, and seizure of ICT systems have been clarified. These reforms are expected to increase the reliability of electronic evidence and the transparency of its evaluation in court.
Digital innovations in the judicial and prosecutorial systems
New articles such as "Electronic conduct of pre-trial proceedings" and "Electronic conduct of judicial proceedings" are being added to the Criminal Procedural Code. The existing article on the electronic conduct of criminal justice proceedings has been expanded and presented in a new version. Moreover, a mechanism for document circulation between judicial and prosecutorial authorities through the "Electronic Court" and "Electronic Prosecution" systems has been established, utilizing enhanced electronic signatures. Following discussions, the bill was put to a vote and passed in its first reading.
The modernization of Azerbaijan's legal framework regarding cybercrime reflects a broader global trend toward digitalizing justice systems. As cyber threats become more sophisticated, the integration of international conventions into local law allows for better cooperation with global law enforcement agencies. These updates are part of Azerbaijan's ongoing commitment to judicial reform and the protection of its digital sovereignty.
