The document is available for discussion on the resource koomtalkuu.gov.kg.
What’s new being proposed?
The presented draft law "On Amendments to Certain Legislative Acts (to the Criminal Code, Criminal Procedure Code, and Code on Offenses of the Kyrgyz Republic)" aims to introduce digital evidence into criminal and administrative processes. This step is driven by the need to adapt legislation to modern digital technologies, which are increasingly used in criminal activities.The package of amendments includes new definitions and interpretations:
- Digital evidence. The concept of "digital evidence" is introduced in the Criminal Procedure Code — data in digital format obtained from networks or devices that are relevant to the case.
- Fixation and collection of data. New articles (Art. 94-1, 94-2) regulate the acquisition of digital data, including emergency measures without a court decision to prevent loss (Art. 94-3).
- International cooperation. Provisions for rapid data exchange with foreign entities have been added to the Criminal Procedure Code (Art. 510-4), including requests for data storage.
- Changes to the Code on Offenses. Similar rules apply to cases of offenses — the collection and use of digital evidence in court.
- Cancellation of the term "automated information system" to encompass all digital platforms.
Why is this necessary?
According to the Ministry of Justice, the key objective is to create a legal framework for the collection, storage, and use of digital data as evidence. This is related to the rise of cybercrimes such as fraud, unauthorized access, and data manipulation.The current codes do not correspond to the digital reality: there are no provisions for digital evidence, which may lead to their inadmissibility in court and complicates investigations. Outdated terms, such as "automated information system," do not reflect modern technologies (cloud solutions, distributed systems). The project aims to eliminate them to achieve consistency, as stated in the justification for the project.
