Azerbaijan is set to expand the scope of circumstances under which search and seizure operations can be conducted without a prior court order. According to Operative Information Center-OMM, a legislative initiative regarding proposed amendments to the Criminal Procedure Code was discussed during today's meeting of the Milli Majlis (National Assembly) Committee on Legal Policy and State Building.
The draft law stipulates that in urgent cases, investigators will be authorized to conduct searches or seizures without a court warrant if there is precise information creating reasonable suspicion of a crime against a person or state authority, or the preparation of such crimes. These provisions also apply to situations where there is a high probability of concealment or destruction of information and communication technology (ICT) systems, their components, electronic data storage media, or digital data. The document further specifies that if evidence obtained during an investigation or materials gathered through operational-search activities provide sufficient grounds to believe that significant information exists within any ICT system or database, searches may be conducted and relevant technical equipment may be seized. The participation of a specialist is mandatory during the seizure of ICT systems and electronic data carriers.
In Azerbaijan, the Criminal Procedure Code serves as the primary legal framework governing the rights and duties of judicial and law enforcement authorities during criminal investigations. These new amendments are designed to modernize the legal process, particularly in addressing cyber-related crimes and urgent threats to national security where digital evidence could be easily erased. By streamlining the process for seizing electronic data, the government aims to increase the effectiveness of the State Security Service and the Ministry of Internal Affairs in responding to evolving security challenges in the digital age.
