Procedural law provisions of the council of Europe convention on cybercrime1

Speech by Mr Daniele Cangemi, Administrator, Directorate General of Legal Affairs, Council of Europe, at the Conference on ‘Collecting and producing Evidence in Cybercrime cases’ Namur, 9 May 2003. The views expressed in this paper are those of the author alone and do not necessarily represent those of the council of Europe or its member states.

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.

Notes

Correspondence: Daniele Cangemi, Directorate General of Legal Affairs, Council of Europe, 67075 Strasbourg, France. E‐mail: nicola‐[email protected]

Speech by Mr Daniele Cangemi, Administrator, Directorate General of Legal Affairs, Council of Europe, at the Conference on ‘Collecting and producing Evidence in Cybercrime cases’ Namur, 9 May 2003. The views expressed in this paper are those of the author alone and do not necessarily represent those of the council of Europe or its member states.

For more information on the state of signatures and ratifications of the convention, and its entry into force, see http://conventions.coe.int.

Additional information

Notes on contributors

Daniele Cangemi

Correspondence: Daniele Cangemi, Directorate General of Legal Affairs, Council of Europe, 67075 Strasbourg, France. E‐mail: nicola‐[email protected]