The draft is available for public discussion on the resource koomtalkuu.gov.kg.
What does the draft contain?
The Ministry of Justice has proposed a draft law "On Amendments to Certain Legislative Acts (to the Criminal Code, Criminal Procedure Code, and Code of Offenses of the Kyrgyz Republic)," aimed at integrating digital evidence into criminal proceedings and procedures for offenses. This document is designed to adapt legislation to modern digital technologies, which are increasingly becoming tools for criminal activity.As part of the changes, new definitions and clarifications are introduced:
- Digital evidence. The term "digital evidence" is introduced in the Criminal Procedure Code - this refers to data in digital format obtained from various networks, devices, or services that are relevant to the case.
- Collection and fixation. New articles in the Criminal Procedure Code (Articles 94-1, 94-2) will regulate the seizure of digital data, including the possibility of taking operational measures without a court decision to prevent loss (Article 94-3).
- International cooperation. Provisions for the urgent exchange of information with foreign authorities have been added (Article 510-4), including requests for data preservation.
- Similar changes regarding the collection of digital evidence and its use in court will be implemented in the Code of Offenses.
- The term "automated information system" will be abolished to encompass all digital platforms.
Why is this necessary?
According to representatives of the Ministry of Justice, the main task is to create a legal framework for the collection, fixation, storage, and use of digital data as evidence. This is related to the rise of cybercrimes, including fraud, unauthorized access, and data manipulation."The existing codes do not take into account the realities of the digital world: there are no provisions regulating digital evidence, which can lead to its inadmissibility in court and complicates the investigation process. Outdated terms, such as 'automated information system,' do not cover modern technologies (cloud services, distributed systems). The draft aims to eliminate these discrepancies," the explanatory note to the draft law states.
