Iskender Sydygaliev, Deputy Minister of Justice of the Kyrgyz Republic, noted that an international working group has been formed within the ministry to develop new draft laws in the areas of the Criminal Procedure Code and the Criminal Code, as well as the Code of Administrative Offenses. "Currently, criminal legislation is focused on tangible evidence that can be seen and touched. However, with the rise of cybercrime and crimes in the cryptocurrency sphere, changes are required," he emphasized.
Marat Torobekov, an expert in digital law, added: "The analysis of the criminal situation both in Kyrgyzstan and globally shows that crime is actively transitioning into the digital realm."According to Torobekov, updating criminal legislation in accordance with real crimes will provide law enforcement agencies with the necessary powers and tools to combat crime in the digital sphere. "This involves not only the introduction of new concepts, such as digital evidence, but also the updating of existing articles of criminal legislation concerning cybercrime," he explained.
Sydygaliev also noted that in the traditional understanding, the seizure of tangible evidence occurs with the participation of an expert who records and documents the data. "However, in the case of digital evidence, the process is more complex, as it requires special regulatory measures for their detection, seizure, documentation, and storage," he added.
After the adoption of this draft law, a series of methodological documents will be developed, and training will be conducted for experts, investigators, forensic specialists, judges, and prosecutors so they can work correctly with digital evidence. "Mistakes in the collection or storage of this data can lead to its loss, which will negatively affect the investigation of criminal cases," the Deputy Minister of Justice added.
Sydygaliev also clarified that for the average person, digital evidence may be associated with simple screenshots from messengers, but in reality, it is much more complex. "Digital evidence also includes metadata, which can help establish the identity of the offender," he explained.
Torobekov added that the draft law includes mechanisms for interaction with international partners, which will allow for the prompt acquisition of data necessary for digital evidence in Kyrgyzstan, as well as the exchange of such data within the framework of criminal cases.
Among the proposed amendments are new definitions and clarifications.
- Digital evidence: data in digital format obtained from networks, devices, or services that are relevant to the case.
- Collection and documentation: new articles in the CPC (Articles 94-1, 94-2) regulate the process of seizing digital data, including the possibility of urgent measures without a court decision to prevent loss (Article 94-3).
- International cooperation: norms have been added to the CPC for the urgent exchange of data with foreign authorities (Article 510-4), including requests for data preservation.
- Changes also affect the Code of Administrative Offenses - the collection of digital evidence and its use in judicial processes.
- The term "automated information system" is abolished to encompass all digital platforms.
