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Council of Europe and its regulations regarding cyber criminal 

Posted by on Dec 29, 2015

Council of Europe and its regulations regarding cyber criminal 

The most comprehensive attempt to shape the legal fight against cyber-crime at the international level is certainly a Council of Europe Convention from 2001. It contains the substantive and procedural criminal provisions which could lead to the implementation of the national legislation of the States Parties, it should achieve a high degree of harmonization of different legislations, and to accelerate and qualitatively improve international cooperation in the fight against cybercrime. The fact that the signatory countries and certain countries that are not members of the Council of Europe, indicate how important this piece of legislation is and what the expectations are to make a big step forward in fighting this type of crime. For more information follow this link.

The Convention defines nine offenses that are classified into four groups. Criminal offenses against the confidentiality, integrity and availability of computer data and systems (Illegal access, illegal interception, data obstruction, interference system, misuse of devices), crimes related to computers (counterfeiting in connection with computers, scams that are related to computers), crimes related to the content (offenses related to child pornography), and offenses related to copyright and others related rights.

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The provisions of the Convention procedural nature are related to: an expedited preservation of stored computer data (Article 16), expeditious preservation and protection and partial disclosure of the transfer (Article 17), the issuance of a lecture computer data ( Article 18 ) , search and seizure of stored computer data ( Article 19 ), gather information on traffic data at the moment of their creation (article 20), interception of data contained in the content of electronic communications (Article 21) as well as on the issue of jurisdiction (Article 22) for the prosecution of perpetrators of criminal offenses that are prescribed by the Convention.

Cybercrime

The Convention defines the general principles on which the international cooperation rests, through agreements concluded on the basis of equal or reciprocal legislation, and in accordance with national laws, for the purpose of investigations or proceedings related to criminal offenses and related to computer systems and data, or for the purpose of gathering evidence in electronic form.

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