BAKU, Azerbaijan, March 19. In Azerbaijani criminal procedures, electronic data will henceforth be admitted as evidence, Trend reports.
This is codified in the Law “On Amendments to the Criminal Code of the Republic of Azerbaijan and the Criminal Procedure Code of the Republic of Azerbaijan,” approved by President Ilham Aliyev.
Under the amendments, electronic data that helps establish circumstances relevant to criminal prosecution, including subscriber information, traffic data, or content data, may be recognized as evidence in electronic form by the authority conducting the criminal proceedings, in accordance with the requirements of the Criminal Procedure Code.
Electronic data obtained in compliance with criminal procedure legislation may be admitted as evidence. Such evidence, along with the media on which it is stored (except when transferred for protection under the Criminal Procedure Code), will be incorporated into the case files and preserved throughout the storage period.
Electronic evidence and its storage media must be safeguarded to ensure integrity and security. When the legal owner requests access for accounting, reporting, or other lawful purposes, they may temporarily use the evidence or create copies.
After one year from the finalization of a court verdict, or following a decision to terminate criminal prosecution, electronic evidence or its storage media may be returned to the legal owner. Investigators, prosecutors, or courts must copy, verify, and retain the authenticity of the returned evidence in the case files.
To prevent loss or alteration, electronic data critical to criminal prosecution stored in information and communication technology systems, including service provider records, may be protected using encryption or other technical measures aligned with international security standards, based on the decision of the prosecuting authority. This decision will specify the scope, content, duration, conditions, responsible parties, and other relevant details. The measures may be implemented by the data holders or other designated persons.
In cases where technical safeguards are not sufficient to prevent data loss or alteration, the relevant authority may direct data holders (whether individuals, entities, or officials) to take reasonable precautions to preserve the data's security for a maximum of 90 days, or until the criminal prosecution is concluded. The decision will detail the data to be protected, duration, conditions, responsible parties, and other essential aspects.
Individuals responsible for the protection of digital evidence are required to uphold rigorous confidentiality standards.
The head of state has signed a decree to implement the provisions of this law.
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