On the signing of the United Nations Convention against Cybercrime; strengthening international cooperation in combating certain crimes committed using information and communication systems and in the exchange of electronic evidence related to serious crimes

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On the signing of the United Nations Convention against Cybercrime; strengthening international cooperation in combating certain crimes committed using information and communication systems and in the exchange of electronic evidence related to serious crimes

Decree of the President of the Republic of Kazakhstan dated October 24, 2025 No. 1067.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "on International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft United Nations Convention against Cybercrime; to strengthen international cooperation in combating certain crimes committed using information and communication systems and in the exchange of electronic evidence related to serious crimes, adopted by the United Nations General Assembly on December 24, 2024 in New York City.

2. To authorize the First Deputy Minister of Internal Affairs of the Republic of Kazakhstan, Baurzhan Tolegenovich Alyonov, to sign the United Nations Convention against Cybercrime on behalf of the Republic of Kazakhstan; to strengthen international cooperation in combating certain crimes committed using information and communication systems and in the exchange of evidence in electronic Form related to Serious Crimes.

3. This Decree shall enter into force from the date of signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on October 24, 2025 No. 1067

United Nations Convention against Cybercrime; strengthening international cooperation in combating certain crimes committed using information and communication systems and in the exchange of electronic evidence related to serious crimes

The General Assembly,

Recalling its resolution 74/247 of 27 December 2019, in which it established an ad hoc open-ended intergovernmental committee of experts representing all regions to develop a comprehensive international convention on countering the use of information and communication technologies for criminal purposes, taking fully into account existing international instruments and efforts at the national, regional and international levels to combating the use of information and communication technologies for criminal purposes, In particular, the work and results of the work of the Open-ended Intergovernmental Expert Group to conduct a comprehensive study of the problem of cybercrime,

Recalling also its resolution 75/282 of 26 May 2021, in which it decided that the Ad Hoc Committee for the Elaboration of a Comprehensive International Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes would meet in New York and Vienna and would begin its work in January 2022 in order to submit the draft convention to the General Assembly to the General Assembly at its seventy-eighth session,

Firmly convinced of the urgent need to strengthen international cooperation in preventing and combating cybercrime in view of its negative economic and social consequences and its potential to hinder sustainable development and the rule of law,

Firmly convinced also that the United Nations Convention against Cybercrime; Strengthening international cooperation in combating certain crimes committed using information and communication systems and in the exchange of evidence in electronic form related to serious crimes will be an effective tool and necessary legal framework for international cooperation in preventing and combating cybercrimes and in ensuring timely and lawful collection and sharing of evidence in electronic form. related to a wide range of crimes, which can be committed using information and communication systems, including money laundering, corruption, terrorist acts, human trafficking, migrant smuggling, illegal manufacture and trafficking of firearms, their parts, components and ammunition, drug trafficking and trafficking in cultural property,

Expressing its appreciation to the Government of Vietnam for its offer to host the signing ceremony of the Convention,

1. Takes note of the report of the Ad Hoc Committee for the Elaboration of a Comprehensive International Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes on its resumed final session, in which the Ad Hoc Committee submitted to the General Assembly the final text of the draft United Nations Convention against Cybercrime; Strengthening international cooperation in combating certain crimes committed using information and communication systems and in the exchange of electronic evidence related to serious crimes for its review and decision-making, and commends the work of the Ad Hoc Committee;

2. Adopts the United Nations Convention against Cybercrime; strengthening international cooperation in combating Certain Crimes Committed using information and communication Systems and in the exchange of evidence in electronic form related to Serious crimes, annexed to this Resolution, and Opens it for signature in Hanoi in 2025, and thereafter at the central United Nations headquarters in New York until December 31, 2026;

3. Urges all States and competent regional economic integration organizations to sign and ratify the Convention as soon as possible in order to ensure its early entry into force;

4. Decides that, pending a decision by the Conference of the States Parties established under the Convention, the account referred to in article 56 of the Convention will be managed by the United Nations Office on Drugs and Crime, and calls upon Member States to begin making appropriate voluntary contributions to the above-mentioned account with a view to providing developing Countries and countries with economies in transition with the economy of technical Assistance, which it can use to prepare for the ratification and implementation of the Convention;

5. Decides also that the Ad Hoc Committee shall continue its work, mutatis mutandis, in accordance with General Assembly resolutions 74/247 and 75/282, with a view to negotiating a draft protocol supplementing the Convention and dealing, inter alia, with additional criminal offences, as appropriate, and that two Sessions of 10 days each will be convened for this purpose, the first of which will be Two Years after the adoption of the Convention by the General Assembly, And The Second — in the following calendar year, in Vienna and New York, respectively, with a view to presenting the outcome of the work of the Conference of the States Parties to the Convention for consideration and further action in accordance with subparagraph (g) of paragraph 5 of article 57 and articles 61 and 62 of the Convention.;

6. Further decides that the Ad Hoc Committee will complete its tasks related to the elaboration of the Convention by holding, mutatis mutandis, in Vienna, in accordance with resolutions 74/247 and 75/282, a session lasting up to five days one year after the adoption of the Convention to prepare draft rules of procedure for the Conference of the States Parties to the Convention and other rules referred to in article 57 of the Convention, which will be presented to the Conference for consideration at its First session;

7. Urges Member States to make voluntary contributions to the United Nations Office on Drugs and Crime in order to finance the participation of representatives of developing countries, especially those without permanent representation in Vienna, in the work of the Ad Hoc Committee, including by covering their travel and accommodation costs;

8. Requests the Conference of the States Parties to the Convention to monitor technological developments in the field of cybercrime, recommend appropriate measures, facilitate regional and international meetings of national cybercrime focal points to share experiences and information on challenges and successful practices, and ensure interaction with relevant work carried out by other competent intergovernmental bodies;

9. Requests the Secretary—General to entrust the United Nations Office on Drugs and Crime with the functions of the secretariat of the Conference of the States Parties to the Convention and to carry out its assignments in accordance with article 58 of the Convention;

10. Also requests the Secretary—General to provide the United Nations Office on Drugs and Crime with the necessary resources to enable it to effectively facilitate the early entry into force of the Convention and to serve as the secretariat of the Conference of the States Parties to the Convention, as well as to support the work of the Ad Hoc Committee in accordance with Paragraphs 5 and 6 above;

11. Further requests the Secretary-General to prepare a report on the activities undertaken to facilitate the early entry into force of the Convention for submission to the General Assembly at its eightieth session;

12. Decides that, in order to draw attention to the problem of cybercrime and the role of the Convention in its prevention and suppression, 24 December should be declared the International Day against Cybercrime.

55th (updated) plenary session

December 24, 2024

Application

The preamble

The States Parties to this Convention,

Bearing in mind the purposes and principles proclaimed in the Charter of the United Nations,

Noting that information and communication technologies, with their enormous potential to contribute to the development of society, open up new opportunities for criminals, can increase the scale and diversity of criminal activity and have negative consequences for States, enterprises and the well-being of people and society as a whole,

Having ensured that the use of information and communication systems can have a significant impact on the scale, speed and volume of criminal offences, including offences related to terrorism and transnational organized crime, such as human trafficking, migrant smuggling, illicit manufacturing and trafficking of firearms, their parts, components and ammunition, drug trafficking and trafficking in cultural property,

Convinced of the need, as a matter of priority, to implement a global criminal justice policy aimed at protecting society from cybercrime, through, inter alia, the adoption of appropriate legislation, the establishment of common criminal offences and procedural powers, and the strengthening of international cooperation to better prevent and counter such activities at the national, regional and international levels,

Determined to deprive those involved in cybercrime of safe haven by prosecuting these crimes wherever they occur,

Emphasizing the need to enhance coordination and cooperation among States, in particular through the provision of technical assistance and capacity-building, including technology transfer on mutually agreed terms, to countries, in particular developing countries, upon request, in order to improve domestic legislation and regulations and build the capacity of national authorities to counter cybercrime in all its forms, in particular including through the prevention, detection, investigation and prosecution of crimes, and emphasizing the role of the United Nations in this regard,

Recognizing the growing number of victims of cybercrime, the importance of ensuring justice for these victims and the need to take into account the needs of those in a specified situation when implementing measures to prevent and combat crimes covered by this Convention,

Determined to more effectively prevent, detect and suppress international transfers of property obtained as a result of cybercrime, and to strengthen international cooperation in the seizure and return of proceeds of crimes established in accordance with this Convention,

Bearing in mind that preventing and combating cybercrime is the responsibility of all States and that, in order to ensure the effectiveness of their efforts in this area, they must cooperate with each other with the support and participation of relevant international and regional organizations, as well as non—governmental organizations, civil society organizations, academic institutions and private sector structures,

Recognizing the importance of integrating a gender perspective in all relevant activities to prevent and combat crimes covered by this Convention, in accordance with domestic law,

Considering the need to address the challenges of law enforcement and ensuring respect for human rights and fundamental freedoms as set out in applicable international and regional instruments,

Recognizing the right to protection from arbitrary or unlawful interference with people's privacy and the importance of protecting personal data,

Commending the work of the United Nations Office on Drugs and Crime and other international and regional organizations in preventing and combating cybercrime,

Recalling General Assembly resolutions 74/247 of 27 December 2019 and 75/282 of 26 May 2021,

Taking into account existing international and regional conventions and treaties on cooperation in criminal matters, as well as similar treaties existing between the Member States of the United Nations,

about the following:

Chapter I

General provisions

Article 1 Objectives

The objectives of this Convention are:

(a) Promoting and strengthening measures aimed at improving the effectiveness and efficiency of preventing and combating cybercrime;

(b) Encouraging, encouraging and strengthening international cooperation in preventing and combating cybercrime; and

(c) Encouraging, encouraging and supporting technical assistance and capacity-building to prevent and combat cybercrime, especially for the benefit of developing countries.

Article 2 Terms

For the purposes of this Convention:

a) "information and communication system" means any device or group of connected or interconnected devices, one or more of which, at the command of the program, collect, store and automatically process electronic data;

(b) "Electronic data" means any representation of facts, information or concepts in a form suitable for processing in an information and communication system, including an appropriate program, as a result of which the information and communication system performs a function;

(c) "Traffic data" means any electronic data that relates to a message transmitted through an information and communication system, generated by an information and communication system that is part of the communication chain, and indicates the source, destination, route, time, date, size and duration of the message, or type of basic service;

(d) "Content data" means any electronic data, other than subscriber data and traffic data, relating to the content of data transmitted through an information and communication system, including, in particular, images, text messages, voice messages, audio recordings and video recordings;

(e) "Service provider" means any public or private entity that:

I. provides users of its services with the opportunity to exchange information through the use of an information and communication system; or

II. performs the processing or storage of electronic data on behalf of such a provider of communication services or users of such services;

f) "subscriber data" means any information available to the service provider about its subscribers, other than traffic or content data, which can be used to determine:

I. the type of communication service used, the technical support measures taken in connection with it, and the period of service provision;

II. subscriber's identity, postal or geographical address, telephone number or other means of communication, billing or payment details available on the basis of an agreement or service agreement;

III. any other information about the installation location of the communication equipment available on the basis of an agreement or service agreement;

g) "personal data" means any information related to a specific or identifiable natural person;

(h) "Serious offence" means an offence punishable by imprisonment for a maximum term of at least four years or a more severe penalty;

i) "property" means any assets, whether tangible or intangible, movable or immovable, expressed in things or rights, including virtual assets, as well as legal documents or acts confirming the right to such assets or interest in them;

(j) "Proceeds of crime" means any property acquired or obtained, directly or indirectly, as a result of the commission of a crime.;

(k) "Freezing" or "seizure" means the temporary prohibition of the transfer, transformation, alienation or transfer of property or the temporary exercise of its storage or control by order of a court or other competent authority;

(l) "Confiscation" means the final deprivation of property by order of a court or other competent authority;

(m) "Predicate offence" means any offence resulting in the receipt of proceeds in respect of which the offences referred to in article 17 of this Convention may be committed;

(n) "Regional economic integration organization" means an organization established by sovereign States of a region to which its member States have delegated authority in matters governed by this Convention and which is duly authorized, in accordance with its internal procedures, to sign, ratify, accept, ratify or accede to this Convention; references in Under this Convention, "States Parties" refer to such organizations within the scope of their competence.;

(o) "Emergency" means a situation in which there is a significant and imminent risk to the life or safety of any individual.

Article 3

Scope of application

This Convention, unless otherwise specified, applies:

(a) The prevention, investigation and prosecution of criminal offences established in accordance with this Convention, including the freezing, seizure, confiscation and return of the proceeds of such offences;

(b) To collect, receive, store and transmit evidence in electronic form for the purposes of criminal investigation or judicial proceedings, as provided for in articles 23 and 35 of this Convention.

Article 4

Crimes recognized as such in accordance with other United Nations conventions and protocols

1. In implementing other applicable United Nations conventions and protocols to which States parties are parties, they ensure that criminal offences established in accordance with those conventions and protocols are also considered criminal offences under domestic law if they are combined with the Use of information and communication Systems.

2. Nothing in this article shall be interpreted as criminalizing acts in accordance with this Convention.

Article 5

Protection of sovereignty

1. The Participating States shall carry out their obligations under this Convention in accordance with the principles of sovereign equality and territorial integrity of States and the principle of non-interference in the internal affairs of other States.

2. Nothing in this Convention entitles a State Party to exercise in the territory of another State jurisdiction and functions that fall solely within the competence of the authorities of that other State in accordance with its domestic law.

Article 6

Respect for human rights

1. States Parties shall ensure that, in fulfilling their obligations under this Convention, they comply with their obligations under international human rights law.

2. Nothing in this Convention shall be interpreted as an acceptable suppression of human rights or fundamental freedoms, including rights relating to freedom of expression, conscience, opinion, religion or belief, peaceful assembly and association, in accordance with applicable international human rights law.

Chapter II Criminalization

Article 7

Illegal access

2. A State Party may require that an offence be committed by violating security measures, with the intent to obtain electronic data or with other dishonest or criminal intent, or in relation to an information and communication system connected to another information and communication system.

Article 8

Interception

1. Each State Party shall adopt such legislative and other measures as may be applied in order to establish, in accordance with its domestic law, as a criminal offence, when such an act is committed intentionally and unlawfully, the interception by technical means of non-public electronic data transfers into, out of or into an information and communication system., including electromagnetic radiation from an information and communication system that carries such electronic data.

2. A State Party may require that an offence be committed with dishonest or criminal intent, or in relation to an information and communication system connected to another information and communication system.

Article 9

Impact on electronic data

1. Each State Party shall adopt such legislative and other measures as may be applied to establish as criminal offences, in accordance with its domestic law, when such acts are committed intentionally and unlawfully, resulting in the destruction, deletion, damage, alteration or blocking of electronic data.

2. A State Party may require that an act referred to in paragraph 1 of this article result in serious harm.

Article 10

Impact on the information and communication system

Each State Party shall adopt such legislative and other measures as may be applied in order to establish, in accordance with its domestic law, as a criminal offence, when such an act is committed intentionally and unlawfully, serious obstruction of the functioning of an information and communication system by introducing, transmitting, repeating, deleting, damaging, modifying or blocking electronic data.

Article 11

Improper use of devices

a) receiving, manufacturing, selling, acquiring for use, importing, distributing or making available in a large way:

(i) Devices, including software, designed or adapted primarily for the purpose of committing any of the offences established in accordance with articles 7-10 of this Convention; or

ii) password, access details, electronic signature or similar data allowing access to the entire information and communication system or any part of it;

with the intention that the device, including software, or password, access details, electronic signature or similar data be used for the purpose of committing any of the offences established in accordance with articles 7-10 of this Convention; and

(b) Possession of the objects referred to in subparagraph (i) or (ii) of subparagraph (a) of paragraph 1 of this article with the intention that they be used to commit any of the offences established in accordance with articles 7-10 of this Convention.

2. This article shall not be interpreted as establishing criminal liability in cases where the receipt, production, sale, acquisition for use, import, distribution or other form of provision or possession specified in paragraph 1 of this article does not pursue the purpose of committing any of the crimes recognized as such in accordance with Articles 7-10 of this Article. conventions, but are related, for example, to the permitted testing or protection of an information and communication system.

3. Each State Party may reserve the right not to apply the provisions of paragraph 1 of this article, provided that such reservation does not relate to the sale, distribution or other form of provision of the facilities referred to in subparagraph (a) (ii) of paragraph 1 of this article.

Article 12

Forgery using an information and communication system

1. Each State Party shall adopt such legislative and other measures as may be applied to establish, in accordance with its domestic law, as criminal offences, when such acts are committed intentionally and unlawfully, the entry, modification, deletion or blocking of electronic data resulting in the creation of inauthentic data, with the intention that they they were considered or used for legal purposes as authentic, regardless of whether these data are directly readable and understandable.

2. A State Party could require that criminal liability be conditioned on the existence of intent to commit deception or similar dishonest or criminal intent.

Article 13

Information and communication system fraud

Each State Party shall adopt such legislative and other measures as may be applied to establish, in accordance with its domestic law, as a criminal offence, when such an act is committed intentionally and unlawfully, the deprivation of another person's property by:

a) any entry, modification, deletion or blocking of electronic data;

(b) Any interference with the functioning of the information and communication system;

(c) Any deception of factual circumstances committed using an information and communication system that incites a person to take an action or omission that that person would not otherwise have committed.;

with fraudulent or dishonest intent to unlawfully extract monetary or other property benefits for oneself or another person.

Article 14

Crimes related to the posting of materials on the Internet with scenes of sexual abuse of children or their sexual exploitation

a) the production, offering, sale, distribution, transmission, broadcast, demonstration, publication or provision in a large way of materials with scenes of sexual abuse of children or their sexual exploitation, carried out using an information and communication system;

(b) Obtaining or acquiring materials with scenes of sexual abuse or exploitation of children, or gaining access to such materials through an information and communication system;

(c) Possession of, or control over, materials depicting scenes of sexual abuse or exploitation of children stored in an information and communication system or other media;

(d) The financing of offences established in accordance with subparagraphs (a) to (c) of this paragraph, which States Parties may establish as a separate offence.

2. For the purposes of this article, the term "materials with scenes of sexual abuse of children or their sexual exploitation" includes visual materials and may include written or audio materials depicting, describing or representing any person under the age of 18.:

a) who actually performs or imitates sexual acts;

b) who is in the presence of a person performing sexual acts;

(d) Who is subjected to torture or cruel, inhuman or degrading treatment or punishment, and such materials are of a sexual nature.

3. A State Party may require that the materials referred to in paragraph 2 of this article include only materials that either depict, describe or represent an existing person.;

4. Visually depict acts of sexual abuse of a child or sexual exploitation of a child. States Parties may, in accordance with domestic law and applicable international obligations, take measures to eliminate criminalization:

a) the actions of children who independently create materials depicting them; or

(b) The production or transfer by mutual agreement of the materials referred to in subparagraphs (a) to (c) of paragraph 2 of this article, or their possession by mutual agreement, if the legal acts depicted in them comply with domestic legislation and if such materials are stored exclusively for private use by the relevant persons by mutual agreement.

5. Nothing in this Convention affects any international obligations that contribute more to the realization of the rights of the child.

Article 15

Harassment or the creation of a trusting relationship for the purpose of committing a sexual offense against a child

1. Each State Party shall adopt such legislative and other measures as may be applied in order to establish, in accordance with its domestic law, as criminal offences the intentional communication with, harassment of, a child, the establishment of a relationship of trust or entering into any arrangement with him through an information and communication system in order to commit sexual offences against a child, as defined in domestic legislation, including any of the offences, recognized as such in accordance with article 14 of this Convention.

2. A State Party may require that the offence referred to in paragraph 1 of this article include certain acts aimed at its commission.

3. A State Party may consider extending the criminal liability provided for in paragraph 1 of this article to actions against a person mistaken for a child.

4. States Parties may take measures to exclude criminalization of the acts referred to in paragraph 1 of this article if they are committed by children.

Article 16

Distributing intimate images without consent

1. Each State Party shall adopt such legislative and other measures as may be applied to establish, in accordance with its domestic law, as criminal offences, when such acts are committed intentionally and unlawfully, the sale, distribution, transmission, publication or other provision of Intimate images of a person using an information and communication system without the consent of the person shown in this image.

2. For the purposes of paragraph 1 of this article, "intimate image" means a visual recording of a sexual nature depicting a person over the age of 18, made in any way, including photographing or videotaping, in which this person is shown with naked intimate parts of the body or performs sexual acts, which at the time of recording was confidential and in respect of which the person submitted to it the person or persons at the time when the crime was committed had reasonable grounds to expect that it would remain confidential.

3. A State Party may, as appropriate, extend the definition of intimate images to include images of persons under the age of 18, if, under domestic law, they have reached the acceptable age for sexual relations and there is no scene of child abuse or exploitation in the image.

4. For the purposes of this article, a person represented in an intimate image who has not reached the age of 18 may not consent to the dissemination of an intimate image, which, in accordance with article 14 of this Convention, constitutes material with scenes of sexual abuse of children or their sexual exploitation.

5. The State party could have established a requirement that criminal liability should include intent to cause harm.

6. States Parties may take other measures on matters related to this article in accordance with their domestic legislation and applicable international obligations.

Article 17

Laundering of proceeds of crime

1. Each State Party shall adopt, in accordance with the fundamental principles of its domestic law, such legislative and other measures as may be applied to establish as criminal offences the following acts, when committed intentionally:

(a) (i) The transformation or transfer of property, if it is known that such property is the proceeds of a crime, for the purpose of concealing or concealing the criminal origin of that property or for the purpose of assisting any person involved in the commission of the underlying crime, so that that person can avoid the legal consequences of his actions;

(ii) concealment or concealment of the true nature, source, location, method of disposal, transfer, right to property or its accessories, if it is known that such property constitutes income from the commission of a crime;

(b) Subject to compliance with the basic principles of its legal system:

i) the acquisition, possession or use of property if, at the time of its receipt, it is known that such property constitutes the proceeds of a crime;

(ii) Participation in, association with, or conspiracy to commit any of the crimes established in accordance with this article, the attempt to commit it, as well as aiding, abetting, assisting, or advising to commit it.

2. For the purposes of implementing or applying paragraph 1 of this article:

(a) Each State Party shall include among the predicate offences the relevant offences established in accordance with articles 7-16 of this Convention.;

(b) Where the legislation of the States Parties contains a list of specific predicate offences, it includes at least a comprehensive range of offences established in accordance with articles 7-16 of this Convention.;

(c) For the purposes of subparagraph (b) of this paragraph, predicate offences include offences committed both within and outside the jurisdiction of the State Party concerned. However, crimes committed outside the jurisdiction of a State Party are classified as predicate crimes only if the act in question is criminalized under the domestic law of the State in which it was committed and would be criminalized under the domestic law of the State Party in which this article is implemented or applied if It was done in him;

(d) Each State Party shall submit to the Secretary-General of the United Nations the texts of its laws implementing the provisions of this article, as well as the texts of any subsequent amendments to such laws or their descriptions.;

(e) If required by the fundamental principles of the domestic law of a State Party, it may be provided that the offences referred to in paragraph 1 of this article do not apply to the perpetrators of the predicate offence.;

(f) Awareness, intent or intent as elements of the offence referred to in paragraph 1 of this article may be established from the objective factual circumstances of the case.

Article 18

Liability of legal entities

1. Each State Party shall take such measures as, taking into account its legal principles, may be applied to establish the liability of legal persons for participation in offences established in accordance with this Convention.

2. Depending on the legal principles of the Participating State, the liability of legal entities may be criminal, civil or administrative.

3. Such liability is without prejudice to the criminal liability of individuals who have committed crimes.

4. Each State Party shall, in particular, ensure that legal entities held accountable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

Article 19

Involvement and assassination

1. Each State Party shall adopt such legislative and other measures as may be applied in order to establish, in accordance with its domestic law, as a criminal offence, when such an act is committed intentionally, participation in any capacity, such as as an accomplice, aide or abettor, in the commission of an offence established as such in accordance with this Convention.

2. Each State Party may take the necessary legislative and other measures to establish, in accordance with its domestic law, as a criminal offence, when such an act is committed intentionally, any attempt to commit an offence established in accordance with this Convention.

3. Each State Party may take the necessary legislative and other measures to establish, in accordance with its domestic law, as a criminal offence, when such an act is committed intentionally, the preparation for the commission of an offence established in accordance with this Convention.

Article 20 Limitation period

Each State Party, in appropriate cases, taking into account the gravity of the offence, shall establish, in accordance with its domestic law, a long statute of limitations for the resumption of proceedings in respect of any offence established in accordance with this Convention, and shall establish a longer statute of limitations or provide for the possibility of restoring the statute of limitations in cases where the alleged perpetrator, evades justice.

Article 21

Criminal prosecution, adjudication and sanctions

1. Each State Party shall provide for the application of effective, proportionate and dissuasive sanctions for the commission of an offence established in accordance with this Convention, taking into account the gravity of the offence.

2. Each State Party may adopt, in accordance with its domestic law, such legislative and other measures as may be applied to establish aggravating circumstances of the offences established in accordance with this Convention, including circumstances affecting critical information infrastructure.

3. Each State Party shall endeavour to ensure that any discretionary legal powers provided for in its domestic law relating to the prosecution of persons for offences established in accordance with this Convention are used to maximize the effectiveness of law enforcement measures in relation to these offences and with due regard to the need to prevent the commission of such offences.

4. Each State Party shall ensure that any person prosecuted for offences established in accordance with this Convention enjoys all rights and guarantees under domestic law and in accordance with applicable international obligations of the State Party, including the right to a fair trial and the right to a defence

5. With regard to offences established in accordance with this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the right to a defence, to ensure that the conditions imposed in connection with decisions on release pending trial or termination of proceedings in connection with conviction, They took into account the need to ensure the presence of the accused during the subsequent criminal proceedings.

6. Each State Party shall take into account the gravity of the relevant offences when considering the possibility of early or conditional release of persons convicted of such offences.

7. States Parties shall ensure that appropriate measures are provided in domestic legislation to protect children accused of crimes established in accordance with this Convention, in accordance with obligations under the Convention on the Rights of the Child and its applicable Protocols and other applicable international or regional instruments.

8. Nothing contained in this Convention shall affect the principle that the definition of offences established in accordance with this Convention and the applicable legal remedies or other legal principles governing the lawfulness of acts are within the scope of the domestic law of each State Party, and that the prosecution and punishment of such offences are carried out in accordance with by this legislation.

Chapter III Jurisdiction

Article 22 Jurisdiction

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when:

(a) The offence is committed in the territory of that State Party; or

(b) The offence was committed on board a ship that was flying the flag of that State Party at the time of the commission of the offence, or an aircraft that was registered under the laws of that State Party at that time.

2. Subject to article 5 of this Convention, a State Party may also establish its jurisdiction over any such offence when:

(a) The offence is committed against a national of that State Party; or

(b) The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or

(c) The offence is one of the offences established in accordance with subparagraph (b) (ii) of paragraph 1 of article 17 of this Convention and is committed outside its territory for the purpose of committing an offence established in accordance with subparagraph (i) or (ii) of subparagraph (a) or subparagraph (i) subparagraph (b) of paragraph 1 of article 17 of this Convention, in its territory; or

(d) The offence is committed against that State Party.

3. For the purposes of paragraph 11 of article 37 of this Convention, each State Party shall take such measures as may be applied to establish its jurisdiction over the offences established in accordance with this Convention when the alleged perpetrator is present in its territory and it does not extradite such Person on the grounds that that it is one of its citizens.

4. Each State Party may also take such measures as may be necessary to establish its jurisdiction over the offences established in accordance with this Convention when the alleged perpetrator is present in its territory and it does not extradite him.

5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article receives notification or otherwise learns that any other States Parties are conducting investigations, prosecutions or judicial proceedings in connection with the same act, the competent authorities of those States Parties shall consult with each other, as appropriate. in order to coordinate their actions.

6. Without prejudice to the norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Chapter IV

Procedural measures and law enforcement

Article 23

Scope of application of procedural measures

1. Each State Party shall adopt such legislative and other measures as may be applicable to establish the powers and procedures provided for in this chapter for the purpose of conducting specific criminal investigations or judicial proceedings.

2. Except as otherwise provided in this Convention, each State Party shall apply the powers and procedures referred to in paragraph 1 of this article in respect of:

(a) Criminal offences established in accordance with this Convention;

(b) Other criminal offences committed using the information and communication system; and

3. (a) Each State Party may make a reservation reserving the right to apply the measures provided for in article 29 of this Convention only in respect of the offences or categories of offences specified in that reservation, provided that the range of such offences or categories of offences is not more limited than the range of offences to which it applies measures provided for in article 30 of this Convention. Each State Party shall consider limiting the scope of such a reservation in order to apply the measures referred to in article 29 as widely as possible.

(b) If, due to the limitations provided for by its domestic legislation in force at the time of the adoption of this Convention, the State Party is unable to apply the measures referred to in articles 29 and 30 of this Convention with respect to messages transmitted within the information and communication system of the service provider:

i) is used to serve a closed group of users; and

ii) does not use public communication networks and is not connected to another information and communication system, whether shared or private;

This State Party may reserve the right not to apply these measures to such communities. Each State Party shall consider limiting the scope of such a reservation in order to apply as widely as possible the measures referred to in articles 29 and 30 of this Convention.

Article 24

Terms and guarantees

1. Each State Party shall ensure that the powers and procedures referred to in this chapter are established, implemented and applied in accordance with the conditions and guarantees provided for in its domestic legislation, which should ensure the protection of human rights in accordance with its obligations under international human rights law and include the principle of proportionality.

2. In accordance with the domestic law of each State Party, such conditions and guarantees, taking into account the nature of the relevant procedure or authority, include, inter alia, judicial or other independent review, the right to an effective remedy, the grounds for the validity of the application and the limitation of the scope and duration of such authority or procedure.

3. To the extent appropriate to the public interest, in particular the interests of the proper administration of justice, each State Party shall consider the impact of the powers and procedures provided for in this article on the rights, duties and legitimate interests of third parties.

4. The conditions and guarantees established in accordance with this article shall apply at the national level to the powers and procedures provided for in this chapter, both for the purposes of domestic criminal investigations and proceedings and for the purposes of international cooperation by the prohibited State Party.

5. Judicial or other independent verification referred to in paragraph 2 of this article means verification at the national level.

Article 25

Operational security of stored electronic data

1. Each State Party shall adopt such legislative and other measures as may be necessary to enable its competent authorities, by issuing orders or otherwise, to promptly ensure the security of specific electronic data, including traffic data, content data and subscriber data stored in an Information and Communication System, in particular when available There is reason to believe that these electronic data are particularly at risk of loss or alteration.

2. If a State Party implements the provisions of paragraph 1 of this article by ordering a person to ensure the safety of specific stored electronic data in the possession or control of that person, that State Party shall take such legislative and other measures as may be necessary to oblige that person to ensure the safety of that data. electronic data and its integrity for the required period of time, not exceeding 90 days, so that the competent authorities can achieve their disclosure. The State Party may provide for the possibility of extending the validity of such an order.

3. Each State Party shall adopt such legislative and other measures as may be necessary to oblige the custodian of electronic data or another person charged with ensuring their safety to respect the confidentiality of such procedures for a period specified in its domestic legislation.

Article 26

Operational security and partial disclosure of traffic data

Each State Party shall adopt, with respect to traffic data required to be secured in accordance with the provisions of article 25 of this Convention, such legislative and other measures as may be applied in order to:

a) ensure that traffic data is promptly secured, regardless of how many service providers were involved in transmitting a particular message; and

(b) Ensure that sufficient traffic data is promptly disclosed to the competent authority of that State Party or to a person designated by that competent authority to enable the State Party to identify the service providers and the route through which the message or information was transmitted.

Article 27

Information provision order

Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to issue orders:

(a) Provide a person in its territory with specific electronic data in the possession or control of that person, which is stored in an information and communication system or on an electronic data carrier; and

(b) Provide the subscriber data related to these services and owned or controlled by this service provider to the service provider offering its services in the territory of the Participating State.

Article 28

Search and seizure of stored electronic data

1. Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to conduct searches or similar measures to gain access.:

(a) The information and communication system, its parts and the electronic data stored therein; and

b) to an electronic data carrier on which the required electronic data can be stored;

in the territory of this State Party.

2. Each State Party shall adopt such legislative and other measures as may be applied to ensure that, in cases where its authorities conduct a search or similar measures to gain access to a specific information and communication system or part thereof in accordance with subparagraph (a) of paragraph 1 of this article and have reason to believe that the requested electronic data is stored in another information and communication system or part of it on its territory, and access to such data can be legitimately obtained from the original system or it is in its possession., These authorities could quickly conduct a search to gain access to this other information and communication system.

3. Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to seize or similarly secure electronic data in its territory accessed in accordance with paragraph 1 or 2 of this article. These measures include the provision of the following powers:

(a) To seize or similarly secure an information and communication system or part of it or an electronic data carrier;

b) to make and store copies of such electronic data in electronic form;

(d) to make inaccessible or delete this electronic data in the information and communication system to which access has been obtained.

4. Each State Party shall adopt such legislative and other measures as may be necessary to empower its competent authorities to involve any person with knowledge of the operation of the relevant information and communication system, information and telecommunication network or their components, or measures applied to protect the electronic data contained therein, in order to provide, in a reasonable manner to the extent necessary to provide information to facilitate the implementation of the measures referred to in paragraphs 1-3 of this article.

Article 29

Collecting real-time traffic data

1. Each State Party shall adopt such legislative and other measures as may be applied to empower its competent authorities.:

(a) Collect or record using technical means in the territory of that State Party; and

b) oblige service providers to the extent of their technical capabilities:

(i) Collect or record using technical means in the territory of that State Party; or

(ii) Cooperate with the competent authorities and assist them in collecting or recording;

Real-time traffic data related to specific messages on its territory is transmitted using an information and communication system.

2. If, by virtue of the principles of its domestic legal system, a State Party is unable to take the measures referred to in subparagraph (a) of paragraph 1 of this article, it may instead take such legislative and other measures as may be applied to ensure the collection or recording in real time of traffic data related to Specific messages transmitted on its territory, using technical means in that territory.

3. Each State Party shall adopt such legislative and other measures as may be necessary to oblige the service provider to respect the confidentiality of the exercise of any powers provided for in this article and any information about it.

Article 30

Interception of content data

1. Each State Party shall adopt such legislative and other measures as may be applicable in connection with a number of serious criminal offences to be defined in its domestic legislation in order to empower its competent authorities.:

(a) Collect or record using technical means in the territory of that State Party; and

b) oblige service providers to the extent of their technical capabilities:

(i) Collect or record using technical means in the territory of that State Party; or

(ii) Cooperate with the competent authorities and assist them in collecting or recording;

Real-time data is available on the content of specific messages transmitted to its territory using an information and communication system.

2. If, by virtue of the principles of its domestic legal system, a State Party is unable to take the measures referred to in subparagraph (a) of paragraph 1 of this article, it may instead take legislative and other measures that may be applied to ensure the collection or recording in real time of data on the content of specific communications on its Territories with the use of technical means in this territory.

Article 31

Freezing, seizure and confiscation of proceeds of crime

1. Each State Party shall take, to the maximum extent possible within its domestic legal system, such measures as may be applied to ensure the possibility of confiscation:

(a) Proceeds of crimes established in accordance with this Convention or property whose value corresponds to such proceeds;

(b) Property, equipment and other means used or intended to be used in the commission of offences established in accordance with this Convention.

2. Each State Party shall take such measures as may be applied to ensure that any of the items listed in paragraph 1 of this article can be identified, deferred, frozen or seized for subsequent confiscation.

3. Each State Party shall adopt, in accordance with its domestic law, such legislative and other measures as may be applied to regulate the management by the competent authorities of frozen, seized or confiscated property referred to in paragraphs 1 and 2 of this article.

4. If proceeds of crime have been transformed or transformed, partially or completely, into other property, the measures referred to in this article shall apply to such property and not to income.

5. If the proceeds of crime have been acquired to property acquired from legitimate sources, then that part of the property corresponding to the estimated value of the acquired proceeds of crime is subject to confiscation, without prejudice to any powers relating to freezing or seizure.

6. The measures specified in this article shall also apply to income or other benefits derived from proceeds of crime, from property into which proceeds of crime have been transformed or transformed, or from property to which proceeds of crime have been attached, in the same manner and to the same extent as with respect to proceeds of crime.

7. For the purposes of this article and article 50 of this Convention, each State Party shall authorize its courts or other competent authorities to order the submission or seizure of banking, financial or commercial documents. The State Party does not refuse to take measures in accordance with the provisions of this paragraph, referring to the need to preserve banking secrecy.

8. Each State Party may consider the possibility of requiring the perpetrator to prove the lawful origin of the alleged proceeds of crime or other property subject to confiscation, to the extent that such a requirement is consistent with the principles of its domestic law and the nature of Judicial and other electoral law.

9. The provisions of this article shall not be interpreted in such a way as to prejudice the rights of bona fide third parties.

10. Nothing contained in this article affects the principle that the measures referred to therein are determined and implemented in accordance with the provisions of the domestic law of a State Party.

Article 32

Criminal record information

Each State Party may adopt such legislative or other measures as may be applied to record, under such conditions and for such purposes as it deems necessary, any previous conviction in another State against a person alleged to have committed an offence, in order to use such information in criminal proceedings in connection with the offence. recognized as such in accordance with this Convention.

Article 33

Witness protection

1. Each State Party shall take appropriate measures, in accordance with its domestic law and within its means, to ensure effective protection against possible death or intimidation of witnesses who testify or provide information in good faith and on reasonable grounds about the offences established in accordance with this Convention, or otherwise cooperate with investigative or judicial authorities, and, where appropriate, in the relations of their relatives and other persons close to them.

2. The measures provided for in paragraph 1 of this article, without prejudice to the rights of the accused, including the right to a proper election, may include, inter alia::

(a) Establishing procedures for the physical protection of such persons, for example, to the extent necessary and practicable, for their relocation to another location, and making provisions that, where appropriate, do not disclose information concerning the identity and location of such persons, or place restrictions on the disclosure of such information;

(b) The adoption of rules of testimony that ensure the safety of witnesses when testifying, such as rules allowing testimony to be given using communication technologies such as video or other reliable means.

3. The Participating States shall consider concluding agreements or treaties with other States concerning the resettlement of persons referred to in paragraph 1 of this article.

4. The provisions of this article shall also apply to victims to the extent that they are witnesses.

Article 34

Assistance to victims and their protection

1. Each State Party shall take appropriate measures, within its means, to provide assistance and protection to victims of offences established in accordance with this Convention, especially in cases of threats to the scene or intimidation.

2. Each State Party, subject to its domestic legislation, shall establish appropriate procedures to ensure access to compensation and reparation for victims of offences established in accordance with this Convention.

3. Each State Party, subject to its domestic law, shall provide opportunities for the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against perpetrators in a manner that does not prejudice the rights of the defence.

4. With respect to offences established in accordance with articles 14-16 of this Convention, each State Party, subject to its domestic legislation, shall take measures to assist victims of such offences, including to ensure their physical and psychological recovery, in cooperation with relevant international organizations, non-governmental organizations and other actors. Civil Society.

5. In applying the provisions of paragraphs 2-4 of this article, each State Party shall take into account the age, gender and special circumstances and needs of victims, including the special circumstances and needs of children.

6. Each State Party shall, to the extent consistent with the requirements of its national legal framework, take effective measures to ensure that requests for the removal or accessibility of materials referred to in articles 14 and 16 of this Convention are complied with.

Chapter V

International cooperation

Article 35

General principles of international cooperation

1. The Participating States shall cooperate with each other in accordance with the provisions of this Convention and other applicable international instruments on international cooperation in criminal matters and the norms of domestic legislation in order to:

(a) Conducting investigations, prosecutions and judicial proceedings in respect of criminal offences established in accordance with this Convention, including for the purpose of freezing, seizing, confiscating and returning the proceeds of such offences;

(b) The collection, receipt, preservation and transmission of evidence in electronic form for criminal offences established in accordance with this Convention;

(c) Collecting, receiving, securing and transmitting evidence in electronic form for any serious offence, including serious offences established in accordance with other applicable United Nations conventions and protocols in force at the time of the adoption of this Convention.

2. For the purposes of collecting, receiving, securing and transmitting evidence in electronic form for the offences provided for in subparagraphs (b) and (c) of paragraph 1 of this article, the relevant paragraphs of article 40 and articles 41-46 of this Convention shall apply.

3. When the principle of mutual recognition of the relevant act as a crime is required in relation to issues of international cooperation, this principle is considered to be respected regardless of whether the legislation of the prohibited State Party includes the relevant act in the same category of crimes or whether it describes it using the same terms as the prohibiting State Party, if the act constituting the crime in connection with which assistance is prohibited, it is criminalized in accordance with the legislation of both Participating States.

Article 36

Personal data protection

1. (a) A State Party transferring personal data in accordance with this Convention shall do so in accordance with its domestic law and any possible obligations of the transferring party under applicable international law. States Parties are not required to transfer personal data in accordance with this Convention if such data cannot be provided in accordance with their applicable laws relating to the protection of personal data.

(b) If the transfer of personal data is contrary to subparagraph (a) of paragraph 1 of this article, States Parties may take measures to establish, in accordance with such applicable laws, appropriate conditions to ensure compliance with the requirements necessary to satisfy the request for personal data.

c) States Parties are encouraged to conclude bilateral or multilateral agreements to facilitate the transfer of personal data.

2. When transferring personal data in accordance with this Convention, the Participating States shall ensure that the personal data received is subject to effective and reliable guarantees provided for by the relevant regulatory framework of the Participating States.

3. In order to transfer personal data obtained in accordance with this Convention to a third country or an international organization, the State Party shall notify the first transferring State Party of its intention and request its permission. A State Party transfers personal data only with the permission of the first transferring State Party, which may require that permission be provided in writing.

Article 37 Extradition

1. This article applies to criminal offences established in accordance with this Convention if the person against whom extradition is requested is located in the territory of the prohibited State Party, provided that the offence for which extradition is prohibited is criminalized under the domestic law of the prohibiting State Party., and the Prohibiting State Party. Where extradition is prohibited for the purpose of serving the convicted person's final sentence of imprisonment or other form of detention imposed for an extraditable offence, the requested State Party may grant the extradition request in accordance with domestic law.

2. Notwithstanding the provisions of paragraph 1 of this article, a State Party whose legislation so permits may authorize the extradition of a person in connection with any of the criminal offences established in accordance with this Convention that are not criminalized under its own domestic law.

3. If the request for extradition relates to several separate criminal offences, at least one of which may result in extradition under this article and the others may not result in extradition because of the length of imprisonment for them, but relate to offences established in accordance with this Convention, the prohibited State Party may to apply this article also in relation to these crimes.

4. Each of the offences to which this article applies shall be deemed to be included in any extradition treaty existing between the Participating States as an extraditable offence. The participating States undertake to include such offences as extraditable offences in any extradition treaty to be concluded between them.

5. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has not concluded an extradition treaty, it may consider this Convention as the legal basis for extradition in connection with any offence to which it relates.this article applies.

6. States Parties that make extradition conditional on the existence of a treaty:

(a) At the time of deposit of their instruments of ratification, acceptance, approval or accession to this Convention, inform the Secretary—General of the United Nations whether they will use this Convention as the legal basis for extradition cooperation with other States Parties to this Convention; and

(b) If they do not use this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude extradition treaties with other States Parties to this Convention for the purpose of applying this article.

7. States Parties that do not make extradition conditional on the existence of a treaty shall recognize the offences to which this article applies as extraditable offences in their relations with each other.

8. Extradition shall be carried out in accordance with the conditions provided for by the domestic law of the prohibited State Party or applicable extradition treaties, including, but not limited to, the conditions related to the minimum penalty requirements for extradition and the grounds on which the requested State Party may refuse extradition.

9. With respect to any offence to which this article applies, States Parties shall, subject to their domestic legislation, make efforts to expedite extradition procedures and simplify related evidentiary requirements.

10. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party, having satisfied itself that the circumstances so require and are of an urgent nature, and at the request of the requesting State Party, including when the request is sent through existing channels of the international criminal police organization, may take into custody a person located on its territory. the person whose extradition is prohibited, or take other necessary measures to ensure his presence during the extradition procedure.

11. The State Party in whose territory the person alleged to have committed the crime is located, if it does not extradite such a person in connection with an offence to which this article applies, marked on the grounds that he is one of its nationals, shall, at the request of the State Party, prohibit extradition, transfer of the case without undue detention. to their competent authorities for the purpose of criminal prosecution. These authorities take their decisions and conduct their proceedings in the same manner as in the case of any other related offence under the domestic law of that State Party. The Participating States concerned shall cooperate with each other, in particular in procedural and evidentiary matters, to ensure the effectiveness of such criminal prosecution.

12. In all cases where a State Party is permitted under its domestic law to extradite or otherwise transfer one of its nationals only on condition that the person is returned to that State Party to serve a sentence imposed as a result of judicial proceedings or proceedings that prohibited the extradition or transfer of that person, and this is the participating State and the State- The party prohibiting the extradition of this person has agreed to such procedures and other conditions as they may deem necessary, such conditional extradition or transfer is sufficient to fulfill the obligation set out in paragraph and of this article.

13. If extradition, which is prohibited for the purpose of executing a sentence, is refused because the person sought is a national of the prohibited State Party, the prohibited State Party, if permitted by its domestic law and in accordance with the requirements of such law, at the request of the requesting State Party, considers the issue of the execution of the sentence or the remaining part a sentence imposed under the domestic law of the requesting State Party.

14. Any person who is subject to proceedings in connection with any offence to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including the exercise of all rights and guarantees provided for by the domestic law of the State Party in whose territory that person is located.

15. Nothing in this Convention shall be interpreted as establishing an obligation to extradite if the requested State Party has reasonable grounds to believe that the extradition request is intended to criminalize or punish a person on the basis of his or her sex, race, language, religion, nationality, ethnic origin or political beliefs, or that the satisfaction of this request would be detrimental to that person's position for any of these reasons.

16. States Parties may not refuse to grant a request for a mark on the grounds that the offence is also considered to be related to tax matters.

17. Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party in order to provide it with sufficient opportunities to express its views and provide information relevant to the allegations made in its request.

18. The requested State Party shall inform the requesting State Party of its decision regarding extradition. The prohibiting State Party shall inform the prohibiting State Party of any reasons for refusing extradition, except in cases where the prohibiting State Party is unable to do so by virtue of its domestic legislation or its international legal obligations.

19. Each State Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary-General of the United Nations of the name and address of the authority responsible for sending or receiving a request for extradition or pre-trial detention. The Secretary-General shall compile and update a register of bodies designated by the Participating States for these purposes. Each State Party continuously ensures the accuracy of the information contained in the register.

20. States Parties shall endeavour to conclude bilateral and multilateral agreements or treaties with a view to implementing or improving the effectiveness of extradition.

Article 38

Transfer of convicted persons

States Parties may, taking into account the rights of convicted persons, consider concluding bilateral or multilateral agreements or treaties on the transfer of persons sentenced to imprisonment or other forms of deprivation of liberty for offences established in accordance with this Convention, so that they can cancel the sentence in their territory. Participating States may also take into account issues related to consent, rehabilitation and reintegration.

Article 39

Transfer of criminal proceedings

1. States Parties shall consider the possibility of transferring proceedings for the prosecution of an offence established in accordance with this Convention to each other when such transfer is considered to be in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, in order to ensure the consolidation of criminal cases.

2. If a State Party that makes the transfer of criminal proceedings conditional on the existence of a treaty receives a request for transfer from another State Party with which it has not concluded a treaty on the matter, it may consider this Convention as the legal basis for the transfer of criminal proceedings in connection with any offence to which this article applies.

Article 40

General principles and procedures of mutual legal assistance

1. States Parties shall provide each other with the widest possible mutual legal assistance in the investigation, prosecution and judicial proceedings in connection with offences established in accordance with this Convention, as well as in the collection of evidence in electronic form on offences established in accordance with this Convention, as well as on serious offences.

2. Mutual legal assistance shall be provided to the maximum extent possible in accordance with the relevant laws, international treaties, agreements and treaties of the requested State Party in relation to the investigation, prosecution and judicial proceedings in connection with crimes for which a legal entity may be held accountable in the requesting State Party in accordance with article 18 of this Convention..

3. Mutual legal assistance provided in accordance with this article may be prohibited for any of the following purposes::

a) receiving testimony or statements from persons;

b) service of court documents;

(d) Conducting a search or similar measures to gain access to electronic data stored in an information and communication system, seizing them or similar actions to ensure their safety and disclosure in accordance with article 44 of this Convention;

(e) Collection of real-time traffic data in accordance with article 45 of this Convention;

(f) Interception of content data in accordance with article 46 of this Convention;

g) inspection of facilities and sites;

(h) Providing information, evidence and expert opinions;

i) providing originals or certified copies of relevant documents and materials, including government, banking, financial, corporate or commercial documents;

j) identification or alienation of proceeds of crime, property, means of committing crimes or other items for evidentiary purposes;

(k) Facilitating the voluntary appearance of relevant persons before the authorities of the requesting State Party;

(l) Recovery of proceeds of crime;

(m) The provision of any other type of assistance that does not contradict the domestic legislation of the prohibited State Party.

4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal law matters to the competent authority in another State Party in cases where they consider that such information may assist that authority in carrying out or successfully completing investigations and criminal proceedings or may lead to a request, drawn up by that State Party in accordance with this Convention.

5. The transfer of information in accordance with paragraph 4 of this article is carried out without prejudice to the investigation and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information comply with the request to keep this information confidential, even on a temporary basis, or comply with restrictions on its use. However, this does not prevent the receiving State Party from disclosing, in the course of its proceedings, information that exonerates the accused. In such a case, before disclosing the information, the State Party receiving the information shall notify the State Party providing the information and, if requested to do so, consult with the State Party providing the information. If, in exceptional cases, advance notification is not possible, the State Party receiving the information shall promptly notify the State Party providing the information of such disclosure.

6. The provisions of this article shall not affect the obligations under any other treaty, whether bilateral or multilateral, which regulates or will regulate, in whole or in part, mutual legal assistance.

7. Paragraphs 8-31 of this article shall apply to requests sent on the basis of this article, if the relevant Participating States are not bound by any mutual legal assistance treaty. If these States Parties are bound by such a treaty, the relevant provisions of that treaty shall apply, unless the States Parties agree to apply paragraphs 8-31 of this article instead. States parties are strongly encouraged to apply the provisions of these paragraphs if this facilitates cooperation.

8. States Parties may refuse to provide assistance in accordance with this article on the basis of the absence of mutual recognition of the relevant act as a crime. However, the prohibited State Party may, if it deems it necessary, provide assistance, the extent of which it determines at its discretion, regardless of whether the act in question constitutes an offence under the domestic law of the prohibited State Party. Assistance may be refused when requests relate to minor matters or matters in connection with which prohibited cooperation or assistance may be provided in accordance with other provisions of this Convention.

9. A person who is in custody or serving a sentence in the territory of one State Party and whose presence in another State Party is required for the purposes of identification, testimony or other assistance in obtaining evidence for investigation, prosecution or judicial proceedings in connection with offences established in accordance with this Convention., Can be transferred if the following conditions are met:

a) this person freely gives his informed consent to this.;

(b) The competent authorities of both States Parties have agreed on such conditions as these States Parties may consider binding.

10. For the purposes of paragraph 9 of this article:

(a) The State Party to which the person is transferred has the right and obligation to detain the transferred person, unless the State Party to which the person is transferred has requested or authorized otherwise.;

(b) The State Party to which the person is transferred shall promptly comply with its obligation to return the person to the custody of the State Party from which the person was transferred, as agreed to the detriment or as otherwise agreed by the competent authorities of both States Parties.;

(c) The State Party to which the person is being transferred does not require the State Party that transferred the person to resume extradition proceedings for his return.;

(d) The transferred person's term of imprisonment in the State from which he was transferred shall include the period of detention in the State Party to which he was transferred.

11. Without the consent of the State Party to which a person is to be transferred in accordance with paragraphs 9 and 10 of this article, that person, regardless of his nationality, shall not be subject to criminal prosecution, detention, punishment or any other restriction of liberty in the territory of the State to which the person is transferred, in connection with an act, omission, or conviction related to the period prior to his departure from the territory of the State to which the person was transferred.

12. (a) Each State Party shall designate a central authority or authorities that are responsible for receiving requests for mutual legal assistance and either for their provision or for their transmission to the competent authorities for execution and have the appropriate authority. If a Participating State has a special region or territory with a separate system for mutual legal assistance, it may designate a special central authority that will perform the same function with respect to that region or territory.

(b) The central authorities shall ensure prompt and proper execution or transmission of requests received. If the central authority transmits the request to the competent authority for execution, it shall facilitate the prompt and proper execution of this request by the competent authority.

(c) Upon deposit by each State Party of its instrument of ratification, acceptance, approval or accession to this Convention, the Secretary-General of the United Nations shall be notified of the central authority designated for this purpose and shall establish and update a register of central authorities designated by the States Parties to the Convention. Each State Party continuously ensures the accuracy of the information contained in the register.

(d) Requests for mutual legal assistance and any related communications shall be transmitted to the central authorities designated by the Participating States. This requirement is without prejudice to the right of a State Party to require that such requests and communications be sent to it through diplomatic channels and, in case of emergency, where the Participating States have agreed, through the International Criminal Police Organization, if possible.

13. Requests shall be made in writing or, if possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, subject to conditions enabling that State Party to establish authenticity. At the time of deposit of the instrument of ratification, acceptance, approval or accession to this Convention, the Secretary-General of the United Nations shall be notified of the language or languages acceptable to each State Party. In exceptional circumstances and if agreed upon by the Participating States, requests may be made orally, but they are immediately confirmed in writing.

14. Unless prohibited by the relevant laws of the Participating States, their central authorities are encouraged to transmit and receive requests for mutual legal assistance and related communications, as well as evidence in electronic form, under conditions that allow the requested State Party to establish the authenticity and ensure the security of communications.

15. The request for mutual legal assistance shall specify:

(a) The name of the requesting authority;

(b) The nature of the matter and the nature of the investigation, prosecution or judicial proceedings to which the request relates, as well as the name and functions of the body conducting the investigation, prosecution or judicial proceedings;

(d) A description of the prohibited assistance and details of any specific procedure that the prohibiting State Party would like to ensure;

e) if possible and appropriate, details of the identity, location and nationality of any relevant person, as well as the name of the country of origin, description and location of the relevant item or accounts;

f) where appropriate, the period of time during which evidence, information or other assistance is prohibited.;

(g) The purpose for which evidence, information or other assistance is requested.

16. The requested State Party may request additional information if this information is provided as necessary for the execution of the request in accordance with its domestic law or if this information may facilitate the execution of such a request.

17. The request is executed in accordance with the domestic law of the prohibited State Party and, to the extent that it does not contradict the domestic law of the prohibited State Party, if possible, in accordance with the procedures specified in the request.

18. To the extent possible and consistent with fundamental principles of domestic law, if a person is present in the territory of a State Party and is to be questioned as a witness, victim or expert by the judicial authorities of another State Party, the former State Party may, at the request of the other State Party, authorize the interrogation. by videoconference, if the personal presence of the person concerned in the territory of the Requesting State Party is not possible or desirable. The Participating States may agree that the interrogation shall be conducted by a judicial authority of the prohibiting State Party in the presence of a judicial authority of the prohibiting State Party. If the requested State Party does not have access to technical facilities for conducting a video conference session, such facilities may be provided to it by the requesting State Party by mutual agreement.

19. The prohibiting State Party shall not transmit or use information or evidence provided by the prohibiting State Party to conduct investigations, prosecutions or judicial proceedings other than those specified in the request without the prior consent of the prohibiting State.the participant. Nothing in this paragraph shall prevent the requesting State Party from disclosing, in the course of its proceedings, information or evidence that exonerates the accused. In this case, prior to the disclosure of information or evidence, the requesting State Party shall notify the requested State Party and, if requested to do so, consult with the requested State Party. If, in exceptional cases, advance notification is not possible, the requesting State Party shall promptly inform the requested State Party of such disclosure.

20. The requesting State Party may require that the requested State Party maintain the confidentiality of the existence and existence of the request, except as necessary to fulfill the request itself. If the requested State Party is unable to comply with the confidentiality requirement, it shall promptly inform the requesting State Party accordingly.

21. Mutual legal assistance may be refused:

(a) If the request has not been submitted in accordance with the provisions of this article;

(b) If the requested State Party considers that compliance with the request may prejudice its sovereignty, security, public order or other vital interests.;

(c) If the domestic law of the prohibited State Party prohibits its authorities from carrying out prohibited measures in relation to any similar offence, if such offence were the subject of investigation, prosecution or judicial proceedings within its jurisdiction;

(d) If the execution of the request is contrary to the requirements of the legal system of the requested State Party with regard to mutual legal assistance.

22. Nothing in this Convention shall be interpreted as establishing an obligation to provide mutual legal assistance if the requested State Party has reasonable grounds to believe that the purpose of the request for assistance is to persecute or punish a person on the basis of his or her sex, race, language, religion, nationality, ethnic origin or political beliefs, or that the satisfaction of this obligation is based on The request would be detrimental to that person's position for any of these reasons.

23. States Parties may not refuse a request for mutual legal assistance on the grounds that the offence is also considered to be related to tax matters.

24. The Participating States shall not refuse to provide mutual legal assistance in accordance with this article on the basis of bank secrecy.

25. Any refusal to provide mutual legal assistance is motivated.

26. The prohibiting State Party shall grant the request for mutual legal assistance as soon as possible and, as far as possible, fully take into account any deadlines proposed by the prohibiting State Party and which are motivated, preferably in the request itself. The requesting State Party shall respond to reasonable requests from the requesting State Party regarding the status and progress of the request. The requesting State Party shall promptly inform the requested State Party that the requested assistance is no longer necessary.

27. Mutual legal assistance may be delayed by the requested State Party on the grounds that it is prohibited by ongoing investigations, prosecutions or judicial proceedings.

28. Before refusing a request pursuant to paragraph 21 of this article or postponing its execution pursuant to paragraph 27 of this article, the prohibiting State Party shall consult with the prohibiting State Party in order to determine whether assistance can be provided within such time limits and under such conditions as the prohibiting State Party deems necessary. If the requesting State Party accepts assistance under such conditions, it shall comply with those conditions.

29. Without prejudice to the application of paragraph 11 of this article, a witness, expert or other person who, at the request of the prohibiting State- agrees to testify during the proceedings or assist in the investigation, prosecution or judicial proceedings in the territory of the prohibiting State Party, is not subject to criminal prosecution, detention, punishment or any other restriction of personal freedom In that territory In connection with an act, omission or conviction related to the period Before His departure From the territory of the prohibited State Party. Such a guarantee of personal safety shall be terminated if the witness, expert or other person has been able to leave the territory of the requesting State Party for 15 consecutive days or for any period agreed between the Participating States, starting from the date on which such person was officially notified that his presence was no longer required by the judicial authorities. Nevertheless, she voluntarily stayed in this territory or, having left it, returned back of her own free will.

30. The normal costs associated with the execution of the request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If the execution of the request requires or requires substantial or extraordinary expenses, the Participating States shall consult with a view to determining the conditions under which the request will be executed, as well as how the costs will be covered.

31. The prohibited State Party:

(a) Provide the requesting State Party with copies of Government materials, documents or information in its possession that are publicly available under its domestic law.;

(b) May, at its discretion, provide to the requesting State Party, in whole or in part, or subject to such conditions as it deems appropriate, copies of any government materials, documents or information in its possession that are not publicly available under its domestic law.

32. The Participating States shall consider, as appropriate, the possibility of concluding bilateral or multilateral agreements or treaties that would meet the objectives of this article, ensure its operation in practice or consolidate its provisions.

Article 41 24/7 network

1. Each State Party shall designate a contact point, operating 24 hours a day, 7 days a week, to ensure the provision of urgent assistance for specific criminal investigations, prosecutions or judicial proceedings in connection with offences established in accordance with this Convention, or for the collection, receipt and preservation of evidence in electronic form for for the purposes of paragraph 3 of this article and in connection with offences established in accordance with this Convention and serious offences.

2. The Secretary-General of the United Nations shall be notified of such contact point and shall maintain an updated register of contact points designated for the purposes of this article and shall annually circulate to the Participating States an updated list of contact points.

3. Such assistance shall include facilitating the application or, if permitted by the domestic law and practice of the requested State Party, the immediate application of the following measures:

(a) Providing technical advice;

(b) Ensuring the security of stored electronic data in accordance with articles 42 and 43 of this Convention, including providing, where appropriate, information on the location of the service provider, if known to the requested State Party, to assist the requesting State Party in making the request.;

(d) Determining the location of suspects; or

e) providing electronic data to prevent an emergency.

4. The contact center of a State Party should be able to communicate promptly with the contact center of another State Party. If the contact center designated by the State Party is not a structural subdivision of the authority or authorities of that State Party responsible for mutual legal assistance or extradition, this contact center shall ensure the possibility of its operational interaction with such authority or authorities.

5. Each Participating State shall ensure the availability of trained and trained personnel to ensure the operation of the network 24/7.

6. Participating States may also use and strengthen existing authorized networks of contact points, where applicable and within the framework of their domestic legislation, including the 24/7 networks of the International Criminal Police Organization for Computer Crimes, to ensure rapid interaction between police authorities and the application of other methods of cooperation in the field of information exchange.

Article 42

International cooperation in order to ensure the operational safety of stored electronic data

1. A Participating State may apply to another State- with a request to make an appropriate decision or otherwise promptly ensure, in accordance with article 25 of this Convention, the safety of electronic data stored in an information and communication system in the territory of that other State Party and in connection with which the prohibiting State Party intends to send a request for mutual legal assistance in conducting a search or similar measures for obtaining access to this electronic data, in carrying out their seizure or similar actions to ensure their safety or in their disclosure.

2. The requesting State Party may use the 24/7 network provided for in article 41 of this Convention to obtain information on the location of electronic data stored through an information and communication system and, where appropriate, information on the location of the service provider.

3. The request for data security sent in accordance with paragraph 1 of this article shall specify:

(a) The authority requesting the security;

(b) The crime in connection with which a criminal investigation, prosecution or judicial proceeding is being conducted, and a summary of the facts relating thereto;

c) stored electronic data, the safety of which must be ensured, and their connection with the crime;

d) any available information identifying the storage of stored electronic data or the location of the information and communication system;

f) the need to ensure data security;

(f) Information on the intention of the requesting State Party to send a request for mutual legal assistance in conducting a search or similar measures to gain access to stored electronic data, in carrying out their seizure or similar actions to ensure their safety or in their disclosure;

g) where appropriate, the need to keep the security request confidential and not notify the user.

4. Upon receipt of a request from another State Party, the requested State Party shall take all necessary measures to promptly ensure the safety of the data specified in the request in accordance with its domestic law. For the purposes of satisfying the request, mutual recognition of the relevant act as a crime is not required as a condition for ensuring such safety.

5. A State Party that requires mutual recognition of the relevant act as a crime as a condition for granting a request for mutual legal assistance in conducting a search or similar measures to gain access to stored electronic data, in carrying out their seizure or similar actions to ensure their safety or in their disclosure, may, in respect of crimes not recognized as such in the in accordance with this Convention, reserve the right to refuse a request for security in accordance with this article in the following cases:, when he has reason to believe that at the time of disclosure of the data, there will be no possibility of fulfilling the condition of mutual recognition of the relevant act as a crime.

6. In addition, a request for security may be refused only on the grounds specified in subparagraphs (b) and (c) of paragraph 21 and in paragraph 22 of article 40 of this Convention.

7. If the requested State Party considers that securing the data will not make it available in the future or would threaten confidentiality or otherwise prejudice the investigation conducted by the requesting State Party, it shall promptly inform the requesting State Party, which in this case will determine whether to comply with the request nevertheless.

8. Any security measures in response to a request made in accordance with paragraph 1 of this article shall be valid for at least 60 days so that the requesting State Party can request a search or similar measures to gain access to, seize, or take similar actions to ensure their safety or disclosure. Upon receipt of such a request, the security of such data is ensured until a decision is made on the request.

9. Prior to the expiration of the security period specified in paragraph 8 of this article, the requesting State Party may request an extension of this period.

Article 43

International cooperation for the prompt provision of stored traffic data

1. If, in the course of fulfilling a request sent in accordance with article 42 of this Convention to ensure the security of traffic data related to a specific message, the requested State Party becomes aware that a service provider in another State Party participated in the transmission of the message.to the requesting State Party, the requesting State Party shall promptly disclose to the requesting State Party traffic data to the extent sufficient to identify this service provider and determine the route of transmission of this message.

2. A request for the disclosure of traffic data in accordance with paragraph 1 of this article may be refused only on the grounds specified in subparagraphs (b) and (c) of paragraph 21 and in paragraph 22 of article 40 of this Convention.

Article 44

Mutual legal assistance in obtaining access to an electronic data warehouse

1. A State Party may request another State Party to conduct a search or similar measures to gain access to electronic data, to seize or take similar measures to ensure the safety or disclosure of data stored in an information and communication system in the territory of the requested State.of the State Party, including electronic data, the security of which has been ensured in accordance with article 42 of this Convention.

2. The prohibited State Party shall respond to this request in accordance with the relevant international instruments and laws referred to in article 35 of this Convention and in accordance with other relevant provisions of this chapter.

3. The response to the request is given in an expedited manner if:

(a) There is reason to believe that the relevant data is particularly susceptible to loss or modification; or

(b) The documents and laws referred to in paragraph 2 of this article provide for other cooperation in an expedited manner.

Article 45

Mutual legal assistance in collecting real-time traffic data

1. The Participating States shall endeavour to provide each other with mutual legal assistance in collecting real-time traffic data related to specific messages transmitted on their territories using an information and communication system. Subject to the provisions of paragraph 2 of this article, such assistance shall be provided in accordance with the conditions and procedures provided for by domestic law.

2. Each State Party shall endeavour to provide such assistance, at least in relation to criminal offences for which the collection of real-time traffic data would be possible in the context of a similar domestic case.

3. A request sent in accordance with paragraph 1 of this article shall specify:

a) name of the locking device;

(b) A summary of the main facts, the nature of the investigation, prosecution or judicial proceedings to which the request relates;

d) any available data identifying the owner or user of the data or the location of the information and communication system;

f) justification of the need to collect traffic data;

f) the period for which traffic data is required to be collected, and the appropriate justification for its duration.

Article 46

Mutual legal assistance in the interception of content data

The Participating States shall endeavour to provide each other with mutual legal assistance in collecting or recording in real time data on the content of specific messages transmitted through an information and communication system, to the extent permitted by the treaties or domestic legislation applicable to them.

Article 47

Cooperation between law enforcement agencies

1. States Parties shall cooperate closely with each other, acting in accordance with their domestic legal and administrative systems, in order to enhance the effectiveness of law enforcement measures to counter crimes established in accordance with this Convention. The Participating States shall, in particular, take effective measures aimed at:

(a) To strengthen or, where necessary, establish channels of communication between their competent authorities, institutions and services, taking into account existing channels, including those of the International Criminal Police Organization, in order to ensure the secure and rapid exchange of information on all aspects of offences established in accordance with this Convention, including, if the States concerned -the participants will consider it necessary, links with other types of criminal activity;

(b) Cooperation with other States Parties in conducting investigations in connection with offences established in accordance with this Convention in order to identify:

(i) The identity, location and activities of persons suspected of participating in the commission of such crimes, or the location of other relevant persons;

(ii) Changes in proceeds of crime or property resulting from the commission of such crimes;

(iii) The movement of property, equipment or other means used or intended to be used in the commission of such crimes;

(d) Exchange, as appropriate, with other States Parties information on specific means and methods used to commit offences established in accordance with this Convention, including the use of false identification data, forged, altered or forged documents and other means to conceal activities, as well as on cybercrime tactics, methods and procedures;

(e) Facilitating effective coordination between their competent authorities, institutions and services and facilitating the exchange of staff and other experts, including the deployment of liaison officers in accordance with bilateral agreements or treaties between the Participating States concerned;

(f) The exchange of information and the coordination of administrative and other measures taken, as appropriate, for the early detection of offences established in accordance with this Convention.

2. For the purposes of the practical application of this Convention, the Participating States shall consider the possibility of concluding bilateral or multilateral agreements or treaties on non-aggression between them by law enforcement agencies, and in cases where such agreements or arrangements already exist, amending them. In the absence of such agreements or treaties between the States Parties concerned, the States Parties may consider this Convention as the basis for mutual law enforcement cooperation in relation to offences established in accordance with this Convention. Where appropriate, Participating States shall make full use of agreements or arrangements, including mechanisms of international or regional organizations, to enhance cooperation between their law enforcement agencies.

Article 48

Joint investigations

The Participating States shall consider the possibility of concluding bilateral or multilateral agreements or treaties on the basis of which, in connection with offences established in accordance with this Convention and which are the subject of criminal investigation, prosecution or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigation bodies. In the absence of such agreements or arrangements, joint investigations may be conducted by agreement on a case-by-case basis. The Participating States concerned shall ensure full respect for the sovereignty of the Participating State in whose territory such investigations are planned to be conducted.

Article 49

Mechanisms for the recovery of property through international cooperation in confiscation

1. Each State Party, in order to provide mutual legal assistance in accordance with article 50 of this Convention in respect of property acquired as a result of the commission of any of the offences established in accordance with this Convention or related to such offences, in accordance with its domestic law:

(a) Adopt such measures as may be applied to enable its competent authorities to enforce confiscation orders issued by courts of another State Party;

(b) Adopt such measures as may be applied to enable its competent authorities, within their jurisdiction, to order the confiscation of such property of foreign origin when adjudicating on money laundering or such other crimes as may fall within its jurisdiction, or when using other procedures; permitted by its domestic law; and

(c) Consider taking such measures as may be necessary to enable the confiscation of such property without conviction in criminal proceedings in cases where the offender cannot be prosecuted due to death, escape or excommunication, or in other appropriate cases.

2. Each State Party, in order to provide mutual legal assistance upon a request made in accordance with paragraph 2 of article 50 of this Convention, in accordance with its domestic law:

(a) Take such measures as may be applied to enable its competent authorities to freeze or seize property in accordance with a freezing or seizure order issued by a court or competent authority of the requesting State Party, which sets out reasonable grounds for the requested State Party to believe that there are sufficient grounds for to take such measures and that a confiscation order will eventually be issued in respect of this property for the purposes of subparagraph (a) of paragraph 1 of this Article;

(b) Take such measures as may be necessary to allow its competent authorities to freeze or seize property in response to a request that sets out reasonable grounds for the requested State Party to believe that there are sufficient motives for taking such measures and that an order will eventually be issued against the property. a confiscation order for the purposes of subparagraph (a) of paragraph 1 of this article; and

(c) Considers taking additional measures to enable its competent authorities to ensure the safety of property for purposes of confiscation, for example, on the basis of a foreign arrest warrant or criminal charges in connection with the acquisition of such property.

Article 50

International cooperation for purposes of confiscation

1. A State Party that has received from another State Party under whose jurisdiction an offence established in accordance with this Convention falls a request for the confiscation of proceeds of crime, property, equipment or other means of committing offences located on its territory, as specified in paragraph 1 of article 31 of this Convention, in to the maximum extent possible within its domestic legal system:

(a) Forward the request to its competent authorities in order to obtain a confiscation order and, if such an order is issued, enforce it; or

(b) Transmit to its competent authorities a confiscation order issued by a court in the territory of the prohibiting State Party in accordance with paragraph 1 of article 31 of this Convention, with a view to enforcement to the extent specified in the request and to the extent that it relates to proceeds of crime located in the territory of the prohibiting State Party. crimes, property, equipment, or other means of committing Crimes.

2. Upon receipt of a request sent by another State- a State Party under whose jurisdiction an offence established in accordance with this Convention falls, the prohibited State Party shall take measures to identify, delay, freeze or seize proceeds of crime, property, equipment or other means of committing the offence referred to in paragraph 1 of article 31 of this Convention, with a view to subsequent confiscation, which is ordered either by the prohibiting State Party or, as requested under paragraph 1 of this article, by the prohibited State Party.

3. The provisions of article 40 of this Convention shall apply mutatis mutandis to this article. In addition to the information specified in paragraph 15 of article 40 of this Convention, requests made under this article shall include:

(a) In the case of the request provided for in paragraph 1 (a) of this article, a description of the property to be confiscated, including, as far as possible, information on the location and, if appropriate, the estimated value of the property and a statement of the facts referred to by the requesting State Party and which sufficient to enable the requested State Party to take steps to issue an order in accordance with its domestic law;

(b) In the case of a request provided for in subparagraph (b) of paragraph 1 of this article, a legally permissible copy of the confiscation order issued by the prohibiting State Party on which the request is based, a statement of facts and information regarding the scope of the prohibited execution of the order, and a statement indicating the measures taken by the prohibiting State- to ensure proper notification to bona fide third parties and due process of law, and a declaration that the confiscation order is final;

(c) In the case of a request provided for in paragraph 2 of this article, a statement of the facts referred to by the requesting State Party and a description of the requested measures, as well as, if any, a legally permissible copy of the decision on which the request is based.

4. The decisions or measures provided for in paragraphs 1 and 2 of this article shall be taken by the prohibited State Party in accordance with the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaties, agreements or treaties by which it may be bound in relations with the requesting State Party, and subject to their observance..

5. Each State Party shall submit to the Secretary-General of the United Nations the texts of its laws and regulations implementing the provisions of this article, as well as the texts of any subsequent amendments to such laws and regulations or their descriptions.

6. If a State Party undertakes to make the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention as a necessary and sufficient legal framework.

7. Cooperation under this article may also be refused or interim measures may be lifted if the requested State Party does not receive sufficient evidence in a timely manner or if the property is of low value.

8. Prior to the lifting of any interim measure taken in accordance with this article, the requested State Party shall, whenever possible, provide the requesting State Party with an opportunity to state its reasons for continuing to implement such measure.

9. The provisions of this article shall not be interpreted in such a way as to prejudice the rights of bona fide third parties.

10. The Participating States shall consider the possibility of concluding bilateral or multilateral treaties, agreements or treaties to enhance the effectiveness of international cooperation carried out in accordance with this article.

Article 51

Special cooperation

Without prejudice to its domestic legislation, each State- A Party shall endeavour to take measures to enable it to transmit, without prejudice to its own criminal prosecution, prosecution or judicial proceedings, information on proceeds of crimes established in accordance with this Convention to another State Party without prior request, when it considers that disclosure of such information may assist the recipient State Party in initiating or conducting a criminal investigation, prosecution or judicial proceedings, or may lead to the sending of a request by that State Party in accordance with article 50 of this Convention.

Article 52

Return and disposal of confiscated proceeds of crime or property

1. Proceeds of crime or property confiscated by a State Party pursuant to articles 31 or 50 of this Convention shall be disposed of by that State Party in accordance with its domestic law and administrative procedures.

2. When acting on a request made by another State Party in accordance with article 50 of this Convention, States Parties shall, to the extent permitted by domestic law and upon receipt of such request, give priority consideration to the return of confiscated proceeds of crime or property to the Prohibiting State Party in order to It could provide compensation to victims of crimes or return such proceeds of crime or property to their former legitimate owners.

3. Acting upon a request made by another State Party in accordance with articles 31 and 50 of this Convention, a State Party may, after due consideration of compensation for victims, give special consideration to the possibility of concluding agreements or arrangements.:

(a) The transfer of an amount corresponding to the value of proceeds of crime or property, or funds derived from the sale of such proceeds or property or part thereof, to an account designated for this purpose in accordance with subparagraph (c) of paragraph 2 of article 56 of this Convention, and to intergovernmental bodies specializing in countering cybercrime;

(b) The transfer to other States Parties, on a regular or ad hoc basis, of part of the proceeds of crime or property, or funds derived from the sale of such proceeds of crime or property, in accordance with their domestic legislation or administrative procedures.

4. In appropriate cases, unless the Participating States decide otherwise, the prohibited State Party may deduct reasonable expenses incurred during the investigation, prosecution or judicial proceedings that led to the return or disposal of confiscated property in accordance with this article..

Chapter VI

Preventive measures

Article 53

Preventive measures

1. Each Participating State shall strive, in accordance with the fundamental principles of its legal system, to develop and implement or continue effective and coordinated policies and best practices to reduce existing or future opportunities for cybercrime through appropriate legislative, administrative or other measures.

2. Each State Party shall take appropriate measures, within its capabilities and in accordance with the fundamental principles of its domestic law, to promote the active participation of relevant individuals and entities outside the public sector, such as non-governmental organizations, civil society organizations, academic institutions and private sector entities, and the public at large, in relevant aspects of public sector activities. prevention of offences established in accordance with this Convention.

3. Preventive measures may include:

(a) Strengthening cooperation between law enforcement agencies or prosecutors and relevant individuals and entities outside the public sector, such as non-governmental organizations, civil society organizations, academic institutions and private sector entities, in addressing relevant aspects of the problem of preventing and combating crimes established in accordance with this Convention;

(b) To promote public understanding of the existence, causes and dangerous nature of the threat posed by crimes recognized as such in accordance with this Convention by conducting information work with the public and implementing public education programmes and curricula and improving media and information literacy, which stimulate public participation in the prevention and combating of such crimes;

(c) To establish and promote capacity-building in national criminal justice systems, including the provision of training and expertise to criminal justice professionals, as part of national strategies for the prevention of offences established in accordance with this Convention;

(d) Encouraging service providers to take effective measures to enhance the safety of their products, services and customers, where possible, taking into account national circumstances and to the extent permitted by domestic law;

(e) Recognition of the contribution of legitimate safety research activities when they are solely aimed at strengthening and enhancing the safety of products and services of suppliers and their customers located in the territory of a Participating State, and to the extent permitted by domestic law and subject to the conditions established by it.;

(f) Developing, facilitating and supporting programmes and activities aimed at deterring those who may be at risk of involvement in cybercrime from committing crimes and directing the development of their skills in a legitimate manner;

(g) The desire to facilitate the reintegration into society of persons convicted of offences established in accordance with this Convention;

(h) The development, in accordance with domestic legislation, of strategies and policies for the prevention and elimination of gender-based violence committed through the use of the information and communication system, as well as taking into account the special circumstances and needs of persons in relevant situations when developing prevention measures;

(i) Taking specific and targeted measures to ensure the safety of children on the Internet, including measures in the field of education, training and raising public awareness about sexual abuse of children or sexual exploitation of children on the Internet, and reviewing national regulatory frameworks and strengthening international cooperation to prevent them, as well as taking measures to ensure the prompt removal of materials with scenes of sexual abuse of children and sexual exploitation of children;

(j) Strengthening the transparency of decision-making processes and facilitating the involvement of the public in their decision-making and ensuring adequate accessibility of information to the public;

(k) Respect, promote and protect the freedom to seek, receive and disseminate public information related to cybercrime;

(l) The development or improvement of support programmes for victims of crimes established in accordance with this Convention;

(m) Prevention and detection of transfers of proceeds of crime and property related to offences established in accordance with this Convention.

4. Each State Party shall take appropriate measures to ensure that the relevant competent authority or authorities responsible for preventing and combating cybercrime are known and accessible to the public in order to report, as appropriate, including anonymously, any incidents that may be classified as criminal offences established in accordance with the with this Convention.

5. The Participating States shall endeavour to periodically assess the conformity of existing national legislation and administrative practices in order to identify gaps and weaknesses and ensure their relevance in the face of changing threats posed by offences established in accordance with this Convention.

6. The Participating States may cooperate with each other and with relevant international and regional organizations in facilitating the implementation and elaboration of the measures referred to in this article. This includes participation in international projects aimed at preventing cybercrime.

7. Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that may assist other States Parties in developing and implementing specific measures to prevent cybercrime.

Chapter VII

Technical assistance and information exchange

Article 54

Technical assistance and capacity-building

1. The Participating States shall, taking into account their capabilities, consider providing each other with the widest possible technical and capacity-building assistance, including training and other forms of assistance, the mutual exchange of relevant experience and expertise, and technology transfer on agreed terms, taking particular account of the interests and needs of developing Participating States, with a view to facilitating the prevention of, the identification, investigation and prosecution of offences covered by this Convention.

2. States Parties shall, to the extent necessary, initiate, develop, implement or improve specific training programmes for their personnel responsible for the prevention, detection, investigation and prosecution of offences covered by this Convention.

3. The types of activities specified in paragraphs 1 and 2 of this article may cover, to the extent permitted by domestic law, the following issues:

(a) Methods and techniques used in the prevention, detection, investigation and prosecution of offences covered by this Convention;

(b) Capacity-building in the development and planning of strategic policies and legislation to prevent and combat cybercrime;

(c) Capacity-building in the collection, preservation and transfer of evidence, in particular in electronic form, including maintaining the chain of custody and conducting forensic examination;

(d) Modern equipment intended for law enforcement agencies and its use;

(e) Training competent authorities in the preparation of requests for mutual legal assistance and the use of other forms of cooperation that meet the requirements of this Convention, especially with regard to the collection, preservation and transmission of evidence in electronic form;

(f) Preventing, detecting and monitoring the movement of proceeds of crime, property, equipment or other funds covered by this Convention, as well as methods used to transfer, conceal or conceal such proceeds, property, equipment or other funds;

(g) Appropriate and effective legal and administrative mechanisms and methods to facilitate the seizure, confiscation and return of proceeds of crimes covered by this Convention;

(h) Methods of protecting victims and witnesses who cooperate with judicial authorities;

(i) Training of staff on issues related to relevant substantive and procedural law, the powers of law enforcement agencies in conducting investigations, as well as national and international regulations, and language learning.

4. States Parties, subject to their domestic legislation, shall endeavour to draw on the expertise of other States Parties and relevant international and regional organizations, non-governmental organizations, civil society organizations, academic institutions and private sector entities and to cooperate closely with them in order to enhance the effective implementation of this Convention.

5. The Participating States shall assist each other in planning and implementing research and training programmes to ensure the exchange of expertise in the fields referred to in paragraph 3 of this article, and to this end shall also use regional and international conferences and seminars, as appropriate, to promote cooperation and discuss issues of mutual interest.

6. States Parties shall consider assisting each other, upon request, in carrying out assessments, research and development on the types, causes and consequences of crimes covered by this Convention committed in their respective territories, with a view to developing, with the participation of competent authorities and relevant non-governmental organizations, civil society organizations, scientific institutions and private sector structures, strategies and action plans to prevent and combat cybercrime.

7. The Participating States shall promote training and technical assistance that facilitates timely extradition and mutual legal assistance. Such training and technical assistance may include language training, assistance in drafting and processing requests for mutual legal assistance, and secondment and exchange of staff from central authorities or institutions performing related functions.

8. The Participating States shall intensify, to the extent necessary, efforts aimed at maximizing the effectiveness of technical assistance and capacity-building in international and regional organizations and within the framework of relevant bilateral and multilateral agreements or treaties.

9. States Parties shall consider establishing voluntary mechanisms to financially support the efforts of developing countries to implement this Convention through technical assistance programmes and capacity-building projects.

10. Each State Party shall endeavour to make voluntary contributions to the United Nations Office on Drugs and Crime in order to facilitate, through the Office, the implementation of programmes and projects for the implementation of this Convention through the provision of technical assistance and capacity-building.

Article 55

Informational

1. Each State Party shall consider conducting, as appropriate, in collaboration with relevant experts, including from non-governmental organizations, civil society organizations, academic institutions and private sector entities, an analysis of trends characterizing crimes committed in their territories covered by this Convention, as well as the circumstances in which such crimes are committed.

2. The Participating States shall consider the possibility of accumulating statistical data, analytical knowledge and information on cybercrime and sharing them among themselves and through the mediation of international and regional organizations with a view to developing, where possible, common definitions, standards and methodologies and best practices in preventing and combating such crimes.

3. Each State Party shall consider monitoring its policies and practical measures in the field of preventing and combating offences covered by this Convention and assessing their effectiveness and efficiency.

4. The Participating States shall consider the possibility of exchanging information on legal, policy and technological developments related to cybercrime and the collection of evidence in electronic form.

Article 56

Implementation of the Convention through economic development and technical assistance

1. States Parties shall take measures to promote the optimal implementation of this Convention, as far as possible, through international cooperation, taking into account the negative effects of the offences covered by this Convention on society as a whole and in particular on sustainable development.

2. States Parties are strongly encouraged, however possible and in coordination with each other, as well as with international and regional organizations, to make concrete efforts to:

(a) To enhance its cooperation at various levels with other States Parties, especially developing countries, in order to enhance their capacity to prevent and combat the offences covered by this Convention;

(b) To enhance financial and material assistance to support the efforts of other States Parties, in particular those of developing countries, aimed at effectively preventing and combating the offences covered by this Convention and to assist them in implementing this Convention;

(c) Providing technical assistance to other States Parties, in particular developing countries, to help meet their needs in connection with the implementation of this Convention. To this end, States Parties shall endeavour to make sufficient voluntary contributions on a periodic basis to an account designated exclusively for this purpose in a financial mechanism established by the United Nations.;

(d) Encouraging, as appropriate, the activities of non-governmental organizations, civil society organizations, academic institutions and private sector entities, as well as financial institutions, to support the efforts of States Parties, including in accordance with this article, in particular by increasing the number of training programmes for developing countries and providing them with modern equipment to assist in achieving the objectives of this Convention;

(e) Exchange of best practices and information on activities carried out in order to increase transparency, avoid duplication of efforts and make optimal use of any lessons learned.

3. The Participating States shall also consider using existing subregional, regional and international programmes, including conferences and seminars, to promote cooperation and technical assistance and to stimulate discussion of issues of mutual interest, including the special problems and needs of developing countries.countries.

4. To the extent possible, States Parties shall ensure that resources and efforts are allocated and directed towards promoting the harmonization of standards, skills, capacities, expertise and technical capabilities with a view to establishing common minimum standards among States Parties to eliminate conditions that allow crimes covered by this Convention to be committed with impunity and to strengthen the fight against cybercrime.

5. However, this is possible because the measures taken in accordance with this article do not affect existing foreign aid obligations or other financial cooperation arrangements at the bilateral, regional or international level.

6. States Parties may conclude bilateral, regional or multilateral agreements or agreements on logistical assistance, taking into account the financial arrangements necessary to ensure the effectiveness of international cooperation provided for in this Convention, as well as for the prevention, detection, investigation and prosecution of offences covered by this Convention.

Chapter VIII

Implementation mechanism

Article 57

The Conference of the States Parties to the Convention

1. A Conference of the States Parties to the Convention is hereby established with a view to enhancing the capacity of States Parties and cooperation among them to achieve the objectives set out in this Convention, as well as to promote and review the implementation of this Convention.

2. The Secretary-General of the United Nations shall convene a Conference of the States Parties no later than one year after the entry into force of this Convention. Thereafter, regular meetings of the Conference are held in accordance with the rules of procedure adopted by the Conference.

3. The Conference of the States Parties shall adopt rules of procedure and rules governing the conduct of the activities referred to in this article, including rules concerning the admission and participation of observers and the payment of expenses incurred in carrying out these activities. Such rules and related activities take into account principles such as efficiency, inclusiveness, transparency, effectiveness and national responsibility.

4. When scheduling its regular meetings, the Conference of the States Parties shall take into account the time and venue of meetings of other relevant international and regional organizations and mechanisms on similar issues, including their subsidiary treaty bodies, in accordance with the principles set out in paragraph 3 of this article.

5. The Conference of the States Parties shall agree on the types of activities, procedures and working methods for achieving the objectives set out in paragraph 1 of this article, including:

(a) To promote the effective use and implementation of this Convention and the identification of any problems related thereto, as well as activities undertaken by States Parties under this Convention, including facilitating the mobilization of voluntary contributions;

(b) Facilitating the exchange of information on legal, political and technological developments related to offences established in accordance with this Convention and the collection of evidence in electronic form between States Parties and relevant international and regional organizations, as well as non-governmental organizations, civil society organizations, academic institutions and private sector entities, in accordance with by domestic legislation, as well as information about patterns and trends of cybercrime and successful methods of preventing and combating these crimes.;

(c) Cooperation with relevant international and regional organizations, as well as non-governmental organizations, civil society organizations, academic institutions and private sector entities;

(d) Making appropriate use of relevant information prepared by other international and regional organizations and mechanisms in order to prevent and combat crimes established in accordance with this Convention, in order to avoid unnecessary duplication of work;

(e) Periodic review of the implementation of this Convention by its States Parties;

(f) Making recommendations for improving this Convention and its implementation, as well as considering possible additions or amendments to the Convention;

(g) Elaboration and adoption of additional protocols to this Convention in accordance with articles 61 and 62 of this Convention;

(h) Taking into account the needs of States Parties for technical assistance and capacity-building in connection with the implementation of this Convention and making recommendations on any actions it may consider necessary in this regard.

6. Each State Party shall provide the Conference of the States Parties with information on legislative, administrative and other measures, as well as on its programmes, plans and practices aimed at implementing this Convention, as required by the Conference. The Conference shall examine the most effective ways of obtaining such information and making appropriate decisions based on it, including, inter alia, information received from Participating States and from competent international and regional organizations. Materials received from representatives of relevant non-governmental organizations, civil society organizations, academic institutions and private sector entities, duly accredited in accordance with the procedures to be determined by the decision of the Conference, may also be considered.

7. For the purposes of paragraph 5 of this article, the Conference of the States Parties may establish and manage such review mechanisms as it deems necessary.

8. In accordance with paragraphs 5-7 of this article, the Conference of the States Parties, if it deems it necessary, shall establish any appropriate mechanisms or subsidiary bodies to facilitate the effective implementation of the Convention.

Article 58 The Secretariat

1. The Secretary—General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention.

2. The Secretariat:

(a) Assist the Conference of the States Parties in carrying out the activities referred to in this Convention, as well as organize and provide necessary services for the sessions of the Conference relevant to this Convention;

(b) Assist States Parties, upon request, in providing information to the Conference of the States Parties, as provided for in this Convention; and

Chapter IX

Final provisions

Article 59

Implementation of the Convention

1. Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with the fundamental principles of its domestic law, to ensure compliance with its obligations under this Convention.

2. Each State Party may take stricter or more severe measures than those provided for in this Convention to prevent and combat offences established in accordance with this Convention.

Article 60 Operation of the Convention

1. If two or more States Parties have already concluded an agreement or treaty on the issues dealt with in this Convention, or have otherwise established their relations on such issues, or if they do so in the future, they also have the right to apply this agreement or treaty or regulate these relations accordingly.

2. Nothing in this Convention affects other rights, limitations, duties and obligations of a State Party under international law.

Article 61

Interaction with protocols

1. This Convention may be supplemented by one or more protocols.

2. In order to become a Party to the protocol, a State or a regional economic integration organization must also be a Party to this Convention.

3. A State Party to this Convention is not bound by the protocol, unless it becomes a Party to the protocol in accordance with its provisions.

4. Any protocol to this Convention shall be interpreted in conjunction with this Convention, taking into account the purpose of this protocol.

Article 62

Adoption of additional protocols

1. At least 60 States Parties are required for any additional protocol to be considered for adoption by the Conference of the States Parties. The Conference shall make every effort to reach consensus on any additional protocol. If all efforts to reach consensus have been exhausted and no agreement has been reached, a majority of at least two thirds of the States Parties present and voting at the meeting of the Conference shall be required as a last resort for the adoption of the additional protocol.

2. In matters falling within the competence of regional economic integration organizations, they shall exercise their right to vote in accordance with this article, having a number of votes equal to the number of their member States that are parties to this Convention. Such organizations do not exercise their right to vote if their member States exercise their own right to vote, and vice versa.

Article 63 Settlement of disputes

1. The Participating States shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiations or any other peaceful means of their choice.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation or other peaceful means within a reasonable period of time shall, at the request of one of these States Parties, be submitted to arbitration. If, within six months from the date of the request for arbitration, these Participating States are unable to agree on its organization, any of these Participating States may refer the dispute to the International Court of Justice by filing an application in accordance with the Statute of the Court.

3. Each State Party may, at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties are not bound by paragraph 2 of this article in respect of any State Party that has made such a reservation.

4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.

Article 64

Signature, ratification, acceptance, approval and accession

1. This Convention shall be open for signature by all States in Hanoi in 2025 and thereafter at United Nations Headquarters in New York until December 31, 2026.

2. This Convention is also open for signature by regional economic integration organizations, provided that at least one of the member States of such an organization has signed this Convention in accordance with paragraph 1 of this article.

3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done the same. In this instrument of ratification, acceptance or approval, such organization shall declare the scope of its competence with respect to matters governed by this Convention. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.

4. This Convention is open for accession by any State or any regional economic integration organization, at least one of whose member States is a Party to this Convention. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Upon accession, a regional economic integration organization shall declare the scope of its competence with respect to matters governed by this Convention. Such an organization shall also inform the depositary of any relevant change in the scope of its competence.

Article 65 Entry into force

1. This Convention shall enter into force on the nineteenth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any such instrument deposited by a regional economic integration organization shall not be considered as additional to those deposited by the member States of that organization.

2. For each State or regional economic integration organization that ratifies, accepts, approves or accedes to this Convention after the deposit of the fortieth instrument of ratification or instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or instrument or on the date of entry into force of this Convention. The Convention will enter into force in accordance with paragraph 1 of this article, whichever is later.

Article 66 Amendments

1. Five years after the entry into force of this Convention, a State Party may propose an amendment and transmit it to the Secretary-General of the United Nations, who shall then transmit the proposed amendment to the States Parties and to the Conference of the States Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference shall make every effort to reach consensus on each amendment. If all efforts to reach consensus have been exhausted and no agreement has been reached, a two-thirds majority vote of the participating States present and voting at the meeting of the Conference shall be required as a last resort for the adoption of the amendment.

2. In matters within their competence, regional economic integration organizations shall exercise their right to vote in accordance with this article, having a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations do not exercise their right to vote if their member States exercise their right to vote, and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by the Participating States.

4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party 90 days after the date of its deposit with the Secretary-General of the United Nations of its instrument of ratification, acceptance or approval of such amendment.

5. When an amendment enters into force, it becomes binding on those States Parties that have expressed their consent to be bound by it. The other Participating States shall continue to be bound by the provisions of this Convention and any amendments previously ratified, accepted or approved by them.

Article 67 Denunciation

1. A State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. A regional economic integration organization shall cease to be a Party to this Convention when all its member States have denounced this Convention.

3. Denunciation of this Convention in accordance with paragraph 1 of this article shall entail the denunciation of any Protocols thereto.

Article 68 Depositary and languages

1. The Secretary-General of the United Nations is appointed as the depositary of this Convention.

2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS whereof, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention1.

__________________ _ The Specialized committee for the Elaboration of a comprehensive international convention on countering the Use of Information and communication Technologies for criminal purposes provided interpretative notes on articles 2, 17, 23 and 35 of this Convention in the annex to the report on its updated final session, held July 29 –August 9, 2024 in New York.

Application

Interpretative notes on specific articles of the United Nations Convention against Cybercrime; strengthening international cooperation in combating certain crimes committed using information and communication systems and in the exchange of electronic evidence related to serious crimes

Article 2

1. The definition of the term "service provider" in subparagraph (e) (ii) of article 2 includes those organizations that store or otherwise process electronic data on behalf of users of the services specified in subparagraph (i). For example, according to this definition, service providers include both hosting and caching structures and and structures that provide network connectivity. However, individuals who simply use the services of a hosting company to host their websites do not fall under this definition.

2. States Parties are not required to reproduce verbatim in their domestic legislation the same terms defined in article 2 of the Convention, provided that their legislation covers these concepts in a way that is consistent with the principles and objectives of the convention and provides an equivalent framework for its implementation.

Article 17

3. Within the framework of the convention, an offence is considered an offence in accordance with article 17 only if the predicate offence is an offence recognized as such in accordance with articles 7-16 of the Convention.

Articles 23 and 35 — concerning the term "investigation"

4. "Criminal investigations" are understood to mean situations where factual circumstances give reasonable grounds to believe that a criminal offence (including the offence provided for in article 19 of the Convention) has been committed or is being committed, including when the investigation is aimed at stopping the relevant offence or preventing its commission.

Article 35

5. Outside the framework of the Convention, States Parties may cooperate internationally with each other in accordance with their international obligations in any other forms permitted by the domestic law of the prohibited State Party, applicable mutual legal assistance treaties or equivalent arrangements.

President

Republic of Kazakhstan

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