Back EAP III: Assessment of Moldovan legislative amendments on cybercrime and electronic evidence supported by the Council of Europe experts

EAP III: Assessment of Moldovan legislative amendments on cybercrime and electronic evidence supported by the Council of Europe experts

On 2 and 3 November 2016, the Council of Europe experts, Ms. Cristina SCHULMAN, Legal Adviser to the International Law Department of the Ministry of Justice of Romania and Ms. Ioana ALBANI, Deputy Chief-Prosecutor of the Directorate for Investigating Organised Crime and Terrorism - Prosecutor's Office attached to the High Court of Cassation and Justice, Romania, will be supporting the mission led by the Venice Commission in order to assess various legislative drafts concerning issues of intelligence service, access to electronic evidence and fight against cybercrime. The mission is based on the request of the Government of Moldova for review and aims to supplement the findings of the Venice Commission experts on the overall package of planned amendments with specialized expertise related to cybercrime and electronic evidence.

Assistance to Moldovan authorities is provided by the Council of Europe Cybercrime Programme Office (located in Bucharest, Romania) within the framework of its Cybercrime@EAP III project, which aims to support the states of the Eastern Partnership on the issues of public-private cooperation in cybercrime and electronic evidence. Such cooperation should be based on solid legal framework that sets precise and balanced limits on the powers of the law enforcement to access data held by private sector entities on the basis of the Budapest Convention on Cybercrime, as well as applicable standards of human rights and the rule of law.

The amendments introduced by the various agencies of the Government of Moldova touch upon the issues of interest for the cybercrime community, such as increased sanctions for offences, implementation of procedural powers set by Articles 16 to 21 of the Budapest Convention, and system of safeguards and guarantees required by Article 15 of the same treaty on the application of such powers.

The findings of the experts will be used by the Cybercrime@EAP III project as a basis for further work with Moldova on issues of public-private cooperation on cybercrime and electronic evidence.

Chisinau 9 November 2016
  • Diminuer la taille du texte
  • Augmenter la taille du texte
  • Imprimer la page