Deputy Minister of Justice of the Kyrgyz Republic Iskender Sydygaliev reported that an international group has been established within the ministry to prepare draft laws on the Criminal Procedure Code, the Criminal Code, and the Code of Offenses. This is due to the fact that the existing criminal legislation is oriented towards tangible evidence that can be seen and touched directly. Changes in the law have become necessary in the context of the rise of cybercrime and abuses in the field of cryptocurrency.
Digital law specialist Marat Torobekov noted: "Studying the criminogenic situation both in Kyrgyzstan and in the world as a whole shows that crime is increasingly moving into the digital environment."According to him, updating the criminal legislation will allow law enforcement agencies to obtain the necessary tools to combat crime in the digital environment. "We are not only introducing the concept of digital evidence, but also updating existing articles of the criminal code related to cybercrime and ordinary crimes using digital technologies," Torobekov clarified.
Sydygaliev added that in the traditional understanding, the process of seizing tangible evidence requires the presence of an expert who records and documents them before sending them to the expert center. In the case of digital evidence, the situation is more complex: clear legislative regulation is necessary for their proper extraction and storage.
After the adoption of the draft law, it is planned to develop methodological documents and conduct training for experts, investigators, criminologists, judges, and prosecutors on working with digital evidence. "Improper handling of data can lead to its loss, which will negatively affect the investigation of criminal cases. This initiative is aimed at ensuring the preservation of digital data," noted the Deputy Minister of Justice.
Sydygaliev explained that for an ordinary person, digital evidence may seem like screenshots from messengers, but this is not the case. Digital evidence also includes metadata, which can help identify the perpetrator.
Torobekov added that the draft law includes mechanisms for interaction with international partners, which will allow for the rapid acquisition of data that may serve as digital evidence in Kyrgyzstan, as well as exchanging them within the framework of criminal cases.
It should be noted that the draft law introduces new terms and definitions.
- Digital evidence. The concept of "digital evidence" is introduced in the Criminal Procedure Code as data in digital form obtained from networks, devices, or services that are relevant to the case.
- Collection and fixation. New articles of the Criminal Procedure Code (art. 94-1, 94-2) regulate the process of seizing digital data, including the possibility of immediate measures without a court decision to prevent loss (art. 94-3).
- International cooperation. Provisions for the emergency exchange of data with foreign authorities (art. 510-4) have been added to the Criminal Procedure Code, including requests for information preservation.
- Changes to the Code of Offenses. Similar amendments pertain to cases of offenses — the collection of digital evidence and its use in court.
- Abolition of the term "automated information system" for broader coverage of all digital platforms.
