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On The Convention On Cybercrime And The Convention On Cybercrime Additional Protocol On Racism And Xenophobia, Crimes That Are Committed In Computer Systems

Original Language Title: Par Konvenciju par kibernoziegumiem un Konvencijas par kibernoziegumiem Papildu protokolu par rasisma un ksenofobijas noziedzīgajiem nodarījumiem, kas tiek izdarīti datorsistēmās

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The Saeima has adopted and the President promulgated the following laws: The Convention on cybercrime and the Convention on Cybercrime additional protocol on racism and xenophobia, crimes that are committed in computer system article 1. 23 November 2001 Convention on Cybercrime (hereinafter the Convention) and the Convention on Cybercrime of January 28, 2003 an additional protocol on racism and xenophobia, crimes that are committed in computer systems (hereinafter referred to as the Protocol), with this law is adopted and approved.
2. article. The Republic of Latvia made a reservation in respect of article 22 of the Convention the first part "d" point on the outside of the territory of the Republic of Latvia committed criminal offences, as well as to article 29 of the Convention, the fourth part.
3. article. In accordance with article 8 of the Protocol, the first part of the Republic of Latvia made a reservation with regard to article 22 of the Convention, the first paragraph of point "d" on the outside of the territory of the Republic of Latvia to the offences committed.
4. article. Article 24 of the Convention, the institution responsible within the meaning of the General Prosecutor's Office is.
5. article. Article 27 of the Convention, the institution responsible within the meaning of is the Ministry of Justice.
6. article. Article 35 of the Convention, the institution responsible within the meaning of the national police is the main criminal police administration for international cooperation administration.
7. article. The Convention shall enter into force on its article 36, but the Protocol — it for the period specified in article 10 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
8. article. The law shall enter into force on the day following its promulgation, but not before the amendment of the criminal code, which provides for the criminal liability of legal persons and the implementation of the provisions of the Convention. By law to be put to the texts of the Convention and the Protocol in English, and its translation into Latvian language.
The law adopted by the Parliament in 2006 on October 5.
State v. President Vaira Vīķe-Freiberga in Riga in 2006 CONVENTION ON 26 October CYBERCRIM Budapest XI., 23., 2001 preamble the member States of the Council of Europe and the other States signatory of the heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Recognising the value of fostering co-operation with the other States parties to this Convention;
Convinced of the need to pursu, as a matter of priority, a common criminal policy aimed at the protection of society against cybercrim, inter alia, by adopting appropriate legislation and fostering international co-operation;
Conscious of the profound changes brough about by the digitalisation, convergence and the continuing globalisation of computer networks;
Concerned by the risk that computer networks and electronic information may also be used for committing criminal offenc and that evidence relating to such may be stored and of the offenc transferred by these networks;
Recognising the need for co-operation between States and private industry in combating cybercrim and the need to protect a legitimat interests in the use and development of information technologies;
Believing that an effective fight against the cybercrim requires increased, rapid and well-functioning international co-operation in criminal matters;
Convinced that the present Convention is not to deter action directed against cessary the confidentiality, integrity and availability of computer systems, networks and computer data as well as the misus of such systems, networks and data by providing for the criminalisation of such conduct, as described in this Convention, and the adoption of powers sufficient for effectively combating such criminal, by facilitating their detection of the offenc , investigation and prosecution at both the domestic and international levels and by providing arrangements for fast and reliable international co-operation;
Mindful of the need to ensur a proper balance between the interests of law enforcement and respect for fundamental human rights as enshrined in the 1950 Council of Europe Convention for the Protection of Human rights and Fundamental Freedom, the 1966 United Nations International Covenant on Civil and Political Rights and other applicable international human rights treats, which reaffirm the right of everyone to hold opinions without interference , as well as the right to freedom of expression, including the freedom to seek, receive, and the information and ideas impar of all kind, regards les of the frontier, and the rights concerning the respect for privacy;
Mindful also of the right to the protection of personal data, as conferred, for example, by the 1981 Council of Europe Convention for the Protection of Individual with regard to Automatic Processing of Personal Data;
Considering the 1989 United Nations Convention on the rights of the Child and the International Labour Organization 1999 Worst Forms of Child Labour Convention;
Taking into account the existing Council of Europe convention on co-operation in the penal field, as well as similar treats to which exist between Council of Europe member States and other States, and stressing that the present Convention is intended to supplement those convention in order to make criminal investigations and proceedings concerning criminal offenc's computer systems and data related to more effective and to enable the collection of evidence in electronic form of a criminal offenc;
Welcoming recent developments which further advance international understanding and co-operation in combating cybercrim, including action taken by the United Nations, the OECD, the European Union and the G8;
Recalling the Recommendations of the Committee of Minister Of. R (85) 10 concerning the practical application of the European Convention on Mutual assistance in Criminal matters in respect of letters rogatory for the interception of telecommunications, From. R (88) 2 on piracy in the field of copyright and neighbouring rights, From. R (87) 15 regulating the use of personal data in the police sector, From. R (95) 4 on the protection of personal data in the area of telecommunication services, with particular reference to tele phone services, as well as From. R (89) 9 on computer-related crime providing guidelines for national help immigrants of the definition of certain computer crime and From. R (95) 13 concerning problems of criminal procedural law connected with information technology;

Having regard to Resolution No. 1 adopted by the European Minister of Justice at their 21st Conference (Prague, 10 and 11 June 1997), which recommended that the Committee of Minister to support the work carried out on the cybercrim by the European Committee on crime problems (CDPC) in order to bring domestic criminal law provision is closer to each other and enable the use of effective means of investigation into such of the offenc , as well as the Resolution Of. 3 adopted at the 23rd Conference of the European Minister of Justice (London, 8 and 9 June 2000), which encouraged the parties to pursu the gotiating their efforts with a view to finding appropriate solutions to enable the largest possible number of States to become parties to the Convention and acknowledged the need for a swift and efficient system of international co-operation , which duly takes into account the specific requirements of the fight against cybercrim;
Having also regard to the Action Plan adopted by the heads of State and Government of the Council of Europe on the occasion of their Second Summit (Strasbourg, 10 and 11 October 1997), to seek common responses to the development of the new information technologies based on the standards and values of the Council of Europe;
Have agreed as follows: Chapter I – use of terms article 1 – Definition For the purpose of this Convention: (a) "computer system" means any device or a group of interconnected or related devices, one or more of which, (a) the program, pursuan perform automatic processing of data;
(b) "computer data" means any representation of facts, information or concepts in a form suitabl for processing in a computer system, including a program to cause suitabl a computer system to perform a function;
(c) "service provider" means: (i) any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and (ii) any other entity that processes or stores computer data on behalf of such communication service or users of such service;
(d) "traffic data" means any computer data relating to a communication by means of a computer system, generated by a computer system that formed a part in the chain of communication, indicating the communication's origin, destination, route, time, date, size, duration, or type of underlying service.
Chapter II – of the Measure to be taken at the national level Section 1 – Substantive criminal law title 1 – of the Offenc's against the confidentiality, integrity and availability of computer data and systems article 2 – Illegal access Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the access to the whole or any part of a computer system without right. A Party may require that the offenc be committed by infringing security measure, with the intent of obtaining computer data or other dishones the intent, or in relations to a computer system that is connected to another computer system.
Article 3 – Illegal interception Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the interception without right, made by technical means, of the non-public transmission of computer data to, from or within a computer system, including electromagnetic emission from a computer system carrying such computer data. A Party may require that the offenc be committed with the intent to dishones, or in relations to a computer system that is connected to another computer system.
Article 4 – data interference 1 Each Party shall adop gislativ and others to let such measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the damaging, deletion, deterioration, alteration or suppression of computer data without right.
2 A Party may reserve the right to require that the conduct described in paragraph 1 result in serious harm.
Article 5 – system interference Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data.
Article 6 – Misus of 1 Each Party shall adop devices such gislativ and others to let the axis may be "does not establish it as the criminal of the offenc cessary under its domestic law, when committed intentionally and without right: (a) the production, sale, procurement for use, import, distribution or otherwise making available of: (i) a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenc's established in accordanc with the above articles 2 through 5;
II a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed, with intent that it be used for the purpose of committing any of the offenc's established in articles 2 through 5; and (b) the possession of an item referred to in paragraph (i) or (ii) (a). above, with intent that it be used for the purpose of committing any of the offenc's established in articles 2 through 5. A Party may require by law that a number of such items be possessed before criminal liability attach.
2-this article shall not be interpreted as imposing criminal liability where the production, sale, procurement for use, import, distribution or otherwise making available or possession referred to in paragraph 1 of this article is not for the purpose of committing an offenc is established in accordanc with articles 2 through 5 of this Convention, such as for the authorised testing or protection of a computer system.
3 Each Party may reserve the right not to apply paragraph 1 of this article, provided that the reservation does not concern the sale, distribution or otherwise making available of the items referred to in paragraph 1 (a) (ii) of this article.
Title 2 – Computer-related article of the offenc 7 – Computer-related forgery Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally and without right, the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purpose the axis if it were authentic regardless_of, whethers or not the data is directly readabl and intelligibl. A Party may require an intent to defraud, or similar dishones the intent, before criminal liability attach.
Article 8 – Computer-related fraud

Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally and without right, the causing of a loss of property to another person by: a any input, alteration, deletion or suppression of computer data;
(b) any interference with the functioning of a computer system, with the intent to be fraudulen or dishones of procuring, without right, an economic benefit for oneself or for another person.
Title 3 – content-related article of the offenc 9 – related to child pornography of the Offenc 1 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally and without right, the following conduct: (a) producing child pornography for the purpose of its distribution through a computer system;
(b) offering or making available child pornography through a computer system;
(c) distributing or transmitting child pornography through a computer system;
(d) procuring child pornography through a computer system for oneself or for another person;
e possessing child pornography in a computer system or on a computer-data storage medium.
2 For the purpose of paragraph 1 above, the term "child pornography" shall include pornographic material that is: (a) (a) depict the most «minor engaged in sexually ex plici conduct;
(b) a person appearing to be a minor engaged in sexually explicit conduct;
(c) realistic images representing a minor engaged in sexually explicit conduct.
3 For the purpose of paragraph 2 above, the term "minor" shall include all persons under 18 years of age. (A) a Party may, however, require a lower age-limit, which shall be not less than 16 years.
4 Each Party may reserve the right not to apply, in whole or in part, paragraph 1, sub-paragraphs d and e, and 2., sub-paragraph b. c. Title and 4-related to infringement of the Offenc of copyright and related rights article 10 – infringement of the Offenc related to copyright and related rights 1 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the infringement of copyright , as defined under the law of that Party, to the obligation of pursuan it has undertaken under the Paris Act of 24 July 1971 revising the Bern Convention for the Protection of Literary and Artistic Works, the agreement on Trade-Related aspects of Intellectual Property rights and the WIPO Copyright Treaty, with the exception of any moral rights conferred by such convention, where such acts are committed wilfully , on a commercial scale and by means of a computer system.
2 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law the infringement of related rights, as defined under the law of that Party, to the obligation of pursuan it has undertaken under the International Convention for the Protection of the Performer, the Producer of Phonogram and Broadcasting organisations (Rome Convention), the agreement on Trade-Related aspects of Intellectual Property rights and the WIPO performances and Phonogram Treaty will , with the exception of any moral rights conferred by such convention, where such acts are committed wilfully and on a commercial scale, by means of a computer system.
3 A Party may reserve the right not to criminal liability under an impost paragraphs 1 and 2 of this article in limited circumstanc, provided that other effective remedies are available and that such reservation does not derogat from the Party's international obligations set forth in the international instruments referred to in paragraphs 1 and 2 of this article.
Title 5 – Ancillary liability and sanctions article 11 – attempt and aiding or abetting 1 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, aiding or abetting the commission of any of the established of the offenc in accordanc with articles 2 through 10 of the present Convention with intent that such offenc be committed.
2 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally, an attempt to commit any of the offenc's established in accordanc with articles 3 through 5, 7, 8, and (a) and (c) 9.1. of this Convention.
3 Each Party may reserve the right not to apply, in whole or in part, paragraph 2 of this article.
Article 12 – corporate liability 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that legal persons can be held liabl for a criminal is established in accordanc offenc with this Convention, committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within it , based on: (a) a power of representation of the legal person;
(b) an authority to take decisions on behalf of the legal person;
(c) an authority to exercise control within the legal person.
2 In addition to the cases already provided for in paragraph 1 of this article, each Party shall take the measure not the cessary ensur that a legal person can be held in liabl where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of a criminal is established in accordanc offenc with this Convention for the benefit of the legal person by a natural person acting under its a authority.
3 subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.
4 Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offenc.
Article 13 – sanctions and measure 1 of Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that the criminal of the offenc established in accordanc with articles 2 through 11 are punishabl by effective, and dissuasiv proportionat of the sanctions, which include deprivation of liberty.
2 Each Party shall ensur that legal persons held liabl in accordanc with article 12 shall be subject to effective, proportionat and dissuasiv of the criminal or non-criminal sanctions, including monetary sanctions or measure.
Section 2 – Procedural law title 1 – Common provision of article 14 – scope of procedural provision 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to establish the powers and procedures provided for in this section for the purpose of specific criminal investigations or proceedings.
2 Except as specifically provided otherwise in article 21, each Party shall apply the powers and procedures referred to in paragraph 1 of this article to: (a) the criminal of the offenc established in accordanc with articles 2 through 11 of this Convention;

(b) other criminal committed by means of the offenc of a computer system; and (c) the collection of evidence in electronic form of a criminal offenc.
3 (a) Each Party may reserve the right to apply the measure referred to in article 20 of the only categories of the offenc or specified in the reservation of the offenc, provided that the range of such categories of offenc offenc or is not of the more restricted than the range of the offenc which it applies the measure referred to in of article 21. Each Party shall consider restricting such a reservation to enable the broades application of the measure referred to in article 20.
(b) where a Party, due to limitations in its legislation in force at the time of the adoption of the present Convention, is not able to apply the measure referred to in the articles 20 and 21 to communications being transmitted within a computer system of a service provider, which system: (i) is being operated for the benefit of a closed group of users , and (ii) does not employ public communications networks and is not connected with another computer system, public or private, whethers that Party may reserve the right not to apply these measure to such communications. Each Party shall consider restricting such a reservation to enable the application of the broades measure referred to in the articles 20 and 21 Article 15 – conditions and safeguards 1 Each Party shall ensur that the establishment, implementation and application of the powers and procedures provided for in this Section are subject to conditions and safeguards provided for under its domestic law , which shall provide for the protection of adequat human rights and liberties, including rights arising out of the obligation it has pursuan undertaken under the 1950 Council of Europe Convention for the Protection of Human rights and Fundamental Freedom, the 1966 United Nations International Covenant on Civil and Political Rights, and other applicable international human rights instruments, and which shall incorporat the principle of proportionality.
2 Such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, inter alia, include judicial or other independent supervision, grounds justifying application, and limitations of the scope and the duration of such power or procedure.
3 To the exten the that it is consistent with the public interest, in particular the sound administration of Justice, each Party shall consider the impact of the powers and procedures in this section upon the rights, responsibilities and interests of a legitimat third parties.
Title 2 – Expedited preservation of stored computer data article 16 – Expedited preservation of stored computer data 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to enable its competent authorities to order or similarly obtain them the preservation of specified computer data of expeditio, including traffic data, that has been stored by means of a computer system, in particular where there are grounds to believe that the computer data is particularly vulnerabl to loss or modification.
2 where a Party give effect of the paragraph 1 above by means of an order to a person to preserve specified stored computer data in the person's possession or control, the Party shall adop to such legislative and others measure may not be the axis of the cessary to comp that person to preserve and maintain the integrity of that computer data for a period of time as long as no cessary , up to a maximum of ninety days, to enable the competent authorities to seek its disclosure it. A Party may provide for such an order to be subsequently renewed stands out among.
3 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to comp the custodian or other person who is to preserve the computer data to keep confidential the undertaking of such procedures for the period of time provided for by its domestic law.
4 the power and procedures referred to in this article shall be subject to articles 14 and 15 article 17 – Expedited preservation and partial disclosure of traffic data 1 Each Party shall, in respect of adop traffic data that is to be preserved under article 16, such legislative and other measure may not be the axis of the cessary to ensur that: (a) such of the preservation of traffic data of expeditio is available regardless_of one or more of the whethers service providers were involved in the transmission of that communication; and (b) to ensur the expeditio disclosure to the Party's competent authority, or a person designated by that authority, of a sufficient amount of traffic data to enable the Party to identify the service providers and the path through which the communication was transmitted.
2 the power and procedures referred to in this article shall be subject to articles 14 and 15. Title 3 – Production order article 18 – Production order 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to empower its competent authorities to order: (a) (a) thereof in its territory to submit specified computer data in that person's possession or control , which is stored in a computer system or a computer-data storage medium; and (b) a service provider offering its services in the territory of the Party to submit subscriber information relating to such services in that service provider's possession or control.
2 the power and procedures referred to in this article shall be subject to articles 14 and 15.3 For the purpose of this article, the term "subscriber information" means any information in the form of led computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established (a) the type of communication service used, the technical provision taken and the period of theret of service;
(b) the subscriber's identity, postal or geographic address, telephone and other access number, billing and payment information, available on the basis of the service agreement or through;
(c) any other information on the site of the installation of communication equipment, available on the basis of the service agreement or through.
Title 4 – Search and chicken pox vaccine and of stored computer data article 19 – Search and of stored computer data of the chicken pox vaccine and 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to empower its competent authorities to search or similarly access it: (a) a computer system or part of it and computer data stored therein; and (b) a computer-data storage medium in which computer data may be stored in its territory.

2 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that where its authorities search or similarly access a specific computer system or part of it, to paragraph 1 (a) pursuan, and have grounds to believe that the data sought is stored in another computer system or part of it in its territory, and such data is lawfully accessible from or available to the initial system , the authorities shall be able to expeditiously extend the search or similar accessing to the other system.
3 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to empower its competent authorities to seize or similarly secure their computer data accessed according to paragraphs 1 or 2 shall include these measure-the power to: (a) seize or similarly secure a computer system or part of it or a computer-data storage medium;
(b) make a copy of and retain those computer data;
(c) maintain the integrity of the relevant stored computer data;
(d) render inaccessibl or remove those computer data in the accessed computer system.
4 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to empower its competent authorities to order any person to who has knowledge about the functioning of the computer system or measure of applied to protect the computer data therein to provide, as is reasonable, the cessary information, to enable the undertaking of the measure referred to in the paragraphs 1 and 2.5 the powers and procedures referred to in this article shall be subject to articles 14 and 15. Title 5 – real-time collection of computer data article 20 – real-time collection of traffic data 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to empower its competent authorities to: (a) to collect or record through the application of technical means on the territory of that Party, and b compel a service provider, within its existing technical capability : (i) collect or record through the application of technical means on the territory of that Party; or (ii) the co-operate and assist the competent authorities in the collection or recording of, the traffic data, in real-time, associated with specified communications in its territory transmitted by means of a computer system.
2 where a Party, due to the established principles of its domestic legal system, cannot be the measure of the adop referred to in paragraph 1 (a), it may instead adop a legislative measure and others may not be the axis of the cessary to ensur the real-time collection or recording of traffic data associated with specified communications transmitted in its territory, through the application of technical means on that territory.
3 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to comp a service provider to keep confidential the fact of the execution of any power provided for in this article and any information relating to it 4 the powers and procedures referred to in this article shall be subject to articles 14 and 15 article 21 – Interception of. content 1 Each Party shall adop data to such legislative and others measure may not be the axis of the cessary , in the rank of a-serious-to be determined by domestic offenc law, empower its competent authorities to: (a) to collect or record through the application of technical means on the territory of that Party, and b compel a service provider, within its existing technical capability: i to collect or record through the application of technical means on the territory of that Party , or (ii) the co-operate and assist the competent authorities in the collection or recording of, the content data, in real-time, of specified communications in its territory transmitted by means of a computer system.
2 where a Party, due to the established principles of its domestic legal system, cannot be the measure of the adop referred to in paragraph 1 (a), it may instead adop a legislative measure and others may not be the axis of the cessary to ensur the real-time collection or recording of content data on specified communications in its territory through the application of technical means on that territory.
3 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to comp a service provider to keep confidential the fact of the execution of any power provided for in this article and any information relating to it 4 the powers and procedures referred to in this article shall be subject to articles 14 and 15, Section 3 – Jurisdiction article 22 – Jurisdiction 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary establish jurisdiction over any of the offenc established in accordanc with articles 2 through 11 of this Convention, when the offenc is committed: a in its territory; or (b) on board a ship flying the flag of that Party; or (c) on board an aircraft registered under the laws of that Party; or (d) by one of its nationals, if the offenc is punishabl is under criminal law where it was committed or if the offenc is committed outside the territorial jurisdiction of any State.
2 Each Party may reserve the right not to apply or to apply only in specific cases or conditions the jurisdiction rules passed down in paragraphs 1.b through 1.d of this article or any part thereof.
3 Each Party shall adop a such measure may not be the axis of the cessary to establish jurisdiction over the offenc referred to in the article 24, paragraph 1, of this Convention, in cases where an alleged offender is present in its territory and it does not him or her to another of extradit Party, solely on the basis of his or her nationality, after a request for extradition.
4 this Convention does not exclude any criminal jurisdiction exercised by a Party in accordanc with its domestic law.
5 When more than one Party claims jurisdiction over an alleged Office established in accordanc offenc with this Convention, the parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution.
Chapter III – International co-operation Section 1 – General principles title 1 – General principles relating to international co-operation article 23 – General principles relating to international co-operation the Parties shall co-operate with each other, in accordanc with the provision of this chapter, and through the application of relevant international instruments on international co-operation in criminal matters, arrangements agreed on the basis of of uniform or reciprocal legislation , and domestic laws, to the wides to exten the possible for the purpose of investigations or proceedings concerning criminal related to computer systems of the offenc and data, or for the collection of evidence in electronic form of a criminal offenc.
Title 2 – principles relating to extradition article 24 – Extradition

(1) (a) this article applies to extradition between parties for the criminal of the offenc established in accordanc with articles 2 through 11 of this Convention, provided that they are of punishabl under the laws of both parties concerned by deprivation of liberty for a maximum period of at least one year or by a more sever a penalty.
(b) where a different minimum penalty is to be applied under the agreed UN through on the basis of uniform or reciprocal legislation or an extradition treaty, including the European Convention on Extradition (ETS No. 24), applicable between two or more parties, the minimum penalty provided for under such a treaty shall apply through or.
2 the criminal of the offenc described in paragraph 1 of this article shall be deemed to be included as a extraditabl in any extradition treaty existing offenc between or among the parties. The parties to include such offenc undertak axis of extraditabl in any extradition treaty offenc to be concluded between or among them.
3 If a Party that makes extradition conditional on the existenc of a treaty receive a request for extradition from another Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition with respect to any criminal is referred to in paragraph 1 offenc of this article.
4 parties that do not make extradition conditional on the existenc of a treaty shall recognis the criminal of the offenc referred in paragraph 1 of this article as a extraditabl of the offenc between themselves.
5 Extradition shall be subject to the conditions provided for by the law of the requested Party or by applicable extradition treats, including the grounds on which the requested Party may refus is extradition.
6 If extradition for a criminal is referred to in paragraph 1 offenc of this article is refused solely on the basis of the nationality of the person sought, or because the requested Party deemas that it has jurisdiction over the offenc, the requested Party shall submit the case at the request of the requesting Party to its competent authorities for the purpose of the prosecution and shall report the final outcome to the requesting Party in due course. Those authorities shall take their decision and conduct their investigations and proceedings in the same manner as for any other of the offenc a comparabl nature under the law of that Party.
7 (a) Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the name and address of each authority responsible for making or receiving requests for extradition or provisional arrest in the absence of a treaty.
(b) the Secretary General of the Council of Europe shall set up and keep updated a register of authorities so designated by the parties. Each Party shall ensur that the details held on the register are correct at all times.
Title 3 – General principles relating to mutual assistance article 25 – General principles relating to mutual assistance 1 the Parties shall afford one another mutual assistance to the wides to exten the possible for the purpose of investigations or proceedings concerning criminal related to computer systems of the offenc and data, or for the collection of evidence in electronic form of a criminal offenc.
2 Each Party shall also be adop such legislative and others measure may not be the axis of the cessary to carry out the obligations set forth in articles 27 through 35.3 Each Party may, in urgent circumstanc, make requests for mutual assistance or communications related theret by means of expedited communication, including fax or e-mail, to the exten to that such means provide appropriate levels of security and authentication (including the use of encryption , where not, with formal confirmation) cessary to follow, where required by the requested Party. The requested Party shall accept and responds to the request by any such expedited means of communication.
4 Except as otherwise specifically provided in articles in this chapter, mutual assistance shall be subject to the conditions provided for by the law of the requested Party or by applicable mutual assistance, including the treats grounds on which the requested Party may refus co.-operation. The requested Party shall not exercise the right of mutual assistance in the refus relations to the referred to in articles of the offenc 2 through 11 solely on the ground that the request concerns an offenc is which it consider a fiscal offenc.
5 where, in accordanc with the provision of this chapter, the requested Party is permitted to make mutual assistance conditional upon the existenc of dual criminality, that condition shall be deemed fulfilled, irrespectiv of whethers its laws place the offenc is within the same category of the offenc or denominat offenc by the same terminology as the requesting Party, if the conduct underlying the offenc for which assistance is sought is a criminal under the law of the offenc it.
Article 26 – the information 1 A Party may Spontaneo, within the limits of its domestic law and without prior request, forward to another Party information obtained within the framework of its own investigations when it consider that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offenc's established in accordanc with this Convention or might lead to a request for co-operation by that Party under this chapter.
2 Prior to providing such information, the providing Party may request that it be kep to confidential or only used subject to conditions. If the receiving Party cannot comply with such request, it shall notify the providing Party, which shall then determin the whethers the information should not be provided vertheles. If the receiving Party to accept the information subject to the condition that it shall be bound by them.
Title 4 – procedures pertaining to mutual assistance requests in the absence of applicable international agreements article 27 – procedures pertaining to mutual assistance requests in the absence of applicable international agreements 1 where there is no mutual assistance treaty or through on the basis of uniform or reciprocal legislation in force between the requesting and requested Parties, the provision of paragraph 2 through 9 of this article shall apply. The provision of this article shall not apply where such treaty, or through legislation exists, unless the parties concerned agree to apply any or all of the remainder of this article in lieu thereof.
(2) (a) Each Party shall designat a central authority or authorities responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution.
(b) the central authorities shall communicate directly with each other;

(c) Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in the pursuanc of this paragraph;
(d) the Secretary General of the Council of Europe shall set up and keep updated a register of central authorities designated by the parties. Each Party shall ensur that the details held on the register are correct at all times.
3 Mutual assistance requests under this article shall be executed in accordanc with the procedures specified by the requesting Party, except where incompatibl with the law of the requested Party.
4 the requested Party may, in addition to the grounds for refusal established in article 25, paragraph 4, of the assistance if: a the refus the request concerns an offenc of which the requested Party consider a political or an offenc offenc is connected with (a) or (b) it political, offenc consider that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.
5 the requested Party may request postpon action on (a) if such action would prejudice criminal investigations or proceedings conducted by its authorities.
6 before refusing or postponing assistance, the requested Party shall, where appropriate after having consulted with the requesting Party, consider the whethers may be partially granted request or subject to such conditions as it not cessary deemas.
7 the requested Party shall promptly inform the requesting Party of the outcome of the execution of a request for assistance. Reasons shall be given for any refusal or postponemen of the request. The requested Party shall inform the requesting Party also of any reasons that render impossible the execution of the request is likely to delay it or in significantly.
8 the requesting Party may request that the requested Party keep confidential the fact of any request made under this chapter as well as its subject, except to the exten cessary for it to not be execution. If the requested Party cannot comply with the request for confidentiality, it shall promptly inform the requesting Party, which shall then determin the whethers the request should not be executed vertheles.
9 (a) In the event of urgency, requests for mutual assistance or communications related theret may be sent directly by the judicial authorities of the requesting Party to such authorities of the requested Party. In any such cases, a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.
(b) Any request or communication under this paragraph may be made through the International Criminal Police Organisation (Interpol).
(c) where a request is made to the sub-paragraph pursuan a. of this article and the authority is not competent to deal with the request, it shall refer the request to the competent national authority and inform directly the requesting Party that it has done so.
(d) requests or communications made under this paragraph that do not may be a coerciv involv action directly transmitted by the competent authorities of the requesting Party to the competent authorities of the to of the requested Party.
(e) Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe that, for reasons of efficiency, requests made under this paragraph to be addressed to it by the central authority.
Article 28 – Confidentiality and limitations on use 1 When there is no mutual assistance treaty or through on the basis of uniform or reciprocal legislation in force between the requesting and the requested Parties, the provision of this article shall apply. The provision of this article shall not apply where such treaty, or through legislation exists, unless the parties concerned agree to apply any or all of the remainder of this article in lieu thereof.
2 the requested Party may make the supply of information or material in response to a request dependent on the condition that it is: (a) where the skipper a confidential request for mutual legal assistance could not be complied with in the absence of such condition, or b not used for investigations or proceedings other than those stated in the request.
3 If the requesting Party cannot comply with a condition referred to in paragraph 2, it shall promptly inform the other Party, which shall then determin the whethers the information should not be provided vertheles. When the requesting Party will accept the condition, it shall be bound by Any Party it 4 that supplies information or material subject to a condition referred to in paragraph 2 may require the other Party to explain, in relations to that condition, the use made of such information or material.
Section 2 – Specific provision in title 1 – Mutual assistance regarding provisional measure of article 29 Expedited preservation of stored computer data-1, A Party may request another Party to order or otherwise obtain the preservation of data stored in expeditio by means of a computer system located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access chicken pox vaccine and, or similar securing, or disclosure of the data.
2 A request for preservation made under paragraph 1 shall specify: a the authority seeking the preservation;
(b) the offenc that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;
(c) the stored computer data to be preserved and its relationship to the offenc;
(d) any available information identifying the custodian of the stored computer data or the location of the computer system;
e the cessity of the preservation; and (f) that the Party intends to submit a request for mutual assistance for the search or similar access, or chicken pox vaccine and similar securing, or disclosure of the stored computer data.
3 Upon receiving the request from another Party, the requested Party shall take all appropriate measure to preserve expeditiously the specified data in accordanc with its domestic law. For the purpose of responding to a request, dual criminality shall not be required as a condition to providing such preservation.
4 A Party that requires dual criminality as a condition for responding to a request for mutual assistance for the search or similar access, or chicken pox vaccine and similar securing, or disclosure of stored data may, in respect of the offenc others than those established in accordanc with articles 2 through 11 of this Convention, reserve the right to request the refus for preservation under this article in cases where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled.
5 In addition, a request for preservation may only be refused if:

(a) the request concerns an offenc of which the requested Party consider a political or an offenc offenc is connected with a political, or b the offenc requested Party consider that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.
6 where the requested Party believe that preservation of ensur will not the future availability of the data or will threaten the confidentiality of or otherwise prejudice the requesting Party's investigation, it shall promptly so inform the requesting Party, the which shall then request the whethers the determin should not vertheles be executed.
7 Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than sixty days, in order to enable the requesting Party to submit a request for the search or similar access, or chicken pox vaccine and similar securing, or disclosure of the data. Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request.
Article 30 – Expedited disclosure of preserved traffic data 1 where, in the course of the execution of a request made to article 29 it pursuan preserve traffic data concerning a specific communication, the requested Party discover that a service provider in another State was involved in the transmission of the communication, the requested Party shall expeditiously to the requesting Party disclos a sufficient amount of traffic data to identify that service provider and the path through which the communication was transmitted.
2 disclosure of traffic data under paragraph 1 may only be withheld if: a the request concerns an offenc of which the requested Party consider a political or an offenc offenc is connected with a political offenc; or b the requested Party consider that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests.
Title 2 – Mutual assistance regarding investigative powers article 31 – the Mutual assistance regarding accessing of stored computer data 1 A Party may request another Party to search or similarly access, seize or similarly secure, and data stored disclos by means of a computer system located within the territory of the requested Party, including data that has been preserved to article 29 pursuan 2 the requested Party shall responds to the request through the application of international instruments arrangements and laws referred to it in article 23, and in accordanc with other relevant provision of this chapter.
3 the request shall be responded to on an expedited basis where: a there are grounds to believe that relevant data is particularly vulnerabl to loss or modification; or (b) the instruments, arrangements and laws referred to in paragraph 2 other wise provide for expedited co-operation.
Article 32 – trans-border access to stored computer data with consent or where publicly available A Party may, without the authorisation of another Party: (a) access publicly available (open source) stored computer data, regardless_of of where the data is located geographically; or (b) access or receive, through a computer system in its territory, stored computer data located in another Party, if the Party obtain lawful and voluntary consent of the of the person who has the lawful authority to disclos the data to the Party through that computer system.
Article 33 – Mutual assistance in the real-time collection of traffic data 1 the Parties shall provide mutual assistance to each other in the real-time collection of traffic data associated with specified communications in their territory transmitted by means of a computer system. Subject to the provision of paragraph 2, this shall be governed by the assistance the condition and procedures provided for under domestic law.
2 Each Party shall provide such assistance at least with respect to criminal offenc for which real-time collection of traffic data would be available in a similar domestic case.
Article 34 – Mutual assistance regarding the interception of content data the Parties shall provide mutual assistance to each other in the real-time collection or recording of content data of specified communications transmitted by means of a computer system to the exten the permitted under their applicable domestic law and treats.
Title 3 – 24/7 Network article 35 – 24/7 network 1 Each Party shall designat a point of contact available on a twenty-four hour, seven-day-a-week basis, in order to ensur the provision of immediate assistance for the purpose of investigations or proceedings concerning criminal related to computer systems of the offenc and data, or for the collection of evidence in electronic form of a criminal offenc. Such assistance shall include facilitating, or, if permitted by its domestic law and practice, directly carrying out the following measure: (a) the provision of technical advice;
(b) the preservation of data to articles 29 and pursuan 30;
(c) the collection of evidence, the provision of legal information, and locating of suspects.
(2) (a) A Party's point of contact shall have the capacity to carry out communications with the point of contact of another Party on an expedited basis.
(b) If the point of contact designated by a Party is not part of that Party's authority or authorities responsible for international mutual assistance or extradition, the point of contact shall ensur that it is able to co-ordinat with such authority or authorities on an expedited basis.
3 Each Party shall ensur that trained and equipped personnel with available, in order to facilitat the operations of the network.
Chapter IV – Final provision Article 36 – signature and entry into force 1 this Convention shall be open for signature by the member States of the Council of Europe and by non-member States which have participated in its elaborations.
2 this Convention is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
3 this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least three member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordanc with the provision of paragraphs 1 and 2.4 In respect of any signatory State which subsequently express their consent to it be bound by it , the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordanc with the provision of paragraphs 1 and 2 article 37 – Accession to the Convention

1 After the entry into force of this Convention, the Committee of Minister of the Council of Europe, after consulting with and obtaining the unanimous consent of the Contracting States of the Convention, to the may invite any State which is not a member of the Council and which has not participated in its elaborations to accede to this Convention. The decision shall be taken by the majority provided for in article 20 d. of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Minister.
2 In respect of any State acceding to the Convention under paragraph 1 above, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 38 – Territorial application 1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
2 Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 39 – effects of the Convention 1 the purpose of the present Convention is to supplement applicable to bilateral arrangements or treats or multilaterals as between the parties, including the provision of:-the European Convention on Extradition, opened for signature in Paris, on 13 December 1957 (ETS No. 24);
– the European Convention on Mutual assistance in Criminal matters, opened for signature in Strasbourg, on 20 April 1959 (ETS No. 30);
– the Additional Protocol to the European Convention on Mutual assistance in Criminal matters, opened for signature in Strasbourg, on 17 March 1978 (ETS No. 99).
2 If two or more parties have already concluded an agreement or treaty on the matters to deal with in this Convention or have otherwise established their relations on such matters, or should they in future do so, they shall also be entitled to apply that agreement or treaty or to the regulat those relations accordingly. However, where parties establish their relations in respect of the matters to deal with in the present Convention other than as regulated therein, they shall do so in a manner that is not inconsistent with the Convention's objective and principles.
3 Nothing in this Convention shall be affec others rights, restriction, the obligation and responsibilities of a Party.
Article 40 – declarations By a written notification addressed to the Secretary General of the Council of Europe, any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it is itself of the possibility availa ... of requiring additional elements as provided for under articles 2, 3, 6 paragraph 1.b, 7, 9 paragraph 3 , and 27, paragraph 9 (e) of article 41.-Federal clause 1 A federal State may reserve the right to assume obligations under Chapter II of this Convention consistent with its fundamental principles each time the relationship between the central Government and its mobility scooters or other similar territorial status to entities provided that it is still able to co-operate under a Chapter III. 2 When making a reservation under paragraph 1 a federal State may not apply the terms of such reservation to exclude or substantially diminish its obligations to provide for the "set forth in Chapter II. Overall, it shall provide for a broad and effective law enforcement capability with respect to those."
3 With regard to the provision of this Convention, the application of which comes under the jurisdiction of the State or other mobility scooters similar territorial entities, that are not obliged by the constitutional system of the federation to take legislative measure, the federal Government shall inform the competent authorities of such States a of the said provision in a favourabl opinion with it, encouraging them to take appropriate action to give them effect.
Article 42 – reservations By a written notification addressed to the Secretary General of the Council of Europe, any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will itself availa ... of the reservation (s) provided for in article 4, paragraph 2, article 6, paragraph 3, article 9, paragraph 4, article 10 , paragraph 3, article 11, paragraph 3, article 14, paragraph 3, article 22, paragraph 2, article 29, paragraph 4, and article 41, paragraph 1 of the reservation may be made in other.
Article 43 – status and withdrawals of reservations 1 A Party that has made a reservation in accordanc with article 42 may wholly or partially withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. Such withdrawals shall take effect on the date of receipt of such notification by the Secretary General. If the notification States that the attention of a reservation is to take effect on a date specified therein, and such date is later than the date on which the notification is received by the Secretary General, the withdrawals shall take effect on such a later date.
2 A Party that has made a reservation as referred to in article 42 shall withdraw such reservation, in whole or in part, as soon as the circumstanc so permit.
3 the Secretary General of the Council of Europe may periodically enquir with parties that have made one or more reservations as referred to in article 42 as to the prospects for withdrawing such reservation (s).
Article 44 – Amendments 1 Amendments to this Convention may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe, to the non-member States which have participated in the elaborations of this Convention as well as to any State which has acceded to, or has been invited to accede to This Convention in accordanc with the provision of article 37.

2 Any amendment proposed by a Party shall be communicated to the European Committee on crime problems (CDPC), which shall submit to the Committee of Minister to its opinion on that proposed amendment.
3 the Committee of Minister shall consider in the proposed amendment and the opinion submitted by the CDPC and, following consultation with the non-member States parties to this Convention, may be the adop amendment.
4 the text of any amendment adopted by the Committee of Minister in accordanc with paragraph 3 of this article shall be forwarded to the parties for acceptance.
5 Any amendment adopted in accordanc with paragraph 3 of this article shall come into force on the thirtieth day after all parties have informed the Secretary General of their acceptance thereof.
Article 45 – settlement of dispute 1 the European Committee on crime problems (CDPC) shall be the skipper informed regarding the interpretation and the application of this Convention.
2 In the case of a dispute between parties as to the interpretation or application of this Convention, they shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the CDPC, to an CAs tribunal whose decision shall be binding upon the parties, or to the the International Court of Justice as agreed upon by the parties concerned.
Article 46 – Consultation of the parties 1 the Parties shall, as appropriate, consult periodically with a view to: (a) facilitating the effective use and implementation of this Convention, including the identification of any problems thereof, as well as the effects of any declaration or reservation made under this Convention;
(b) the exchange of information on significant legal, policy or technological developments pertaining to cybercrim and the collection of evidence in electronic form;
(c) considerations of possible supplementation or amendment of the Convention.
2 the European Committee on crime problems (CDPC) shall be periodically informed regarding the CEAS, the result of the consultation referred to in paragraph 1.3 the CDPC shall, as appropriate, the consultation will facilitat referred to in paragraph 1 and take the measure does not assist the cessary to parties in their efforts to supplement or amend the Convention. At the latest three years after the present Convention enter into force, the European Committee on crime problems (CDPC) shall, in co-operation with the parties, conduct a review of all of the Convention's provision and, if not, recommend any appropriate amendments cessary.
4 Except where assumed by the Council of Europe, the expense incurred in carrying out the provision of paragraph 1 shall be borne by the parties in the manner to be determined by them.
5 the Parties shall be assisted by the Secretariat of the Council of Europe in carrying out their functions pursuan to this article.
Article 47 – Denunciation 1 Any Party may, at any time, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 48 – Notification the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in the elaborations of this Convention as well as any State which has acceded to, or has been invited to accede to, this Convention of: a any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any date of entry into force of this Convention in accordanc with articles 36 and 37;
(d) any declaration made under article 40 or reservation made in accordanc with article 42;
e any other Act, notification or communication relating to this Convention.
In witness whereof the undersigned, being duly authorised, have signed theret this Convention.
Done at Budapest, this 23rd day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the non-member States which have participated in the elaborations of this Convention, and to any State invited to accede to it.
 
 
 
 
 
ADDITIONAL PROTOCOL TO the CONVENTION ON CYBERCRIM, CONCERNING the CRIMINALISATION OF acts OF A XENOPHOBIC nature ESTABLISHED AND COMMITTED THROUGH COMPUTER systems, Strasbourg, 28. I. 2003 the member States of the Council of Europe and the other States parties to the Convention on Cybercrim, opened for signature in Budapest on 23 November 2001, heret the signatory;
Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
Recalling that all human being with born free and equal in dignity and in rights;
Stressing the need to secure a full and effective implementation of all human rights without any discrimination or distinction, as enshrined in European and other international instruments;
Convinced that acts of a xenophobic nature constitut established and a violation of human rights and a threat to the rule of law and democratic stability;
Considering that national and international law need to provide adequat-legal responses to propaganda of a xenophobic nature established and committed through computer systems;
Aware of the fact that such acts of propaganda it is often subject to criminalisation in national legislation;
Having regard to the Convention on Cybercrim, which provides for a modern and flexible means of international co-operation and convinced of the need to provision of substantive law of harmonis concerning the fight against established and xenophobic propaganda;
Aware that computer systems offer an unprecedented means of facilitating freedom of expression and communication around the globe;
Recognising that freedom of expression constitut on of the essential foundations of a democratic society, and is one of the basic conditions for its progress and for the development of every human being;
Concerned, however, by the risk of abuse of such misus or computer systems of the disseminat established and xenophobic propaganda;
Mindful of the need to ensur a proper balance between freedom of expression and an effective fight against acts of a xenophobic nature and established;
Recognising that this Protocol is not intended to be established principles relating to affec freedom of expression in national legal systems;

Taking into account the relevant international legal instruments in this field, and in particular the Convention for the Protection of Human rights and Fundamental Freedom and its Protocol From. 12 concerning the general prohibition of discrimination, the existing Council of Europe convention on co-operation in the penal field, in particular the Convention on Cybercrim, the United Nations International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965, the European Union Joint Action of 15 July 1996 adopted by the Council on the basis of article k. 3 of the Treaty on European Union concerning action to combat racism, and xenophobia;
Welcoming the recent developments which further advance international understanding and co-operation in combating racism and xenophobia and cybercrim;
Having regard to the Action Plan adopted by the heads of State and Government of the Council of Europe on the occasion of their Second Summit (Strasbourg, 10-11 October 1997), to seek common responses to the developments of the new technologies based on the standards and values of the Council of Europe;
Have agreed as follows: Chapter I-Common provision Article 1 – purpose the purpose of this Protocol is to supplement, as between the parties to the Protocol, the provision of the Convention, opened for signature on Cybercrim in Budapest on 23 November 2001 (hereinafter referred to as "the Convention"), as regards the criminalisation of acts of a xenophobic nature established and committed through computer systems.
Article 2-Definition 1 For the purpose of this Protocol: "established and xenophobic material" means any written material, any image or any other representation of ideas or theories, which advocates, promotes or INCITS-hatreds, discrimination or violence, against any individual or group of individual, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretex for any of these factors.
2 the terms and expressions used in this Protocol shall be interpreted in the same manner as they are interpreted under the Convention.
Chapter II – of the Measure to be taken at national level article 3 – Dissemination of xenophobic material and established through computer systems 1 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally and without right, the following conduct: distributing, or otherwise making available, established and xenophobic material to the public through a computer system.
2 A Party may reserve the right not to attach criminal liability to conduct as defined by paragraph 1 of this article, where the material, as defined in article 2, paragraph 1, advocates, promotes or INCITS-discrimination that is not associated with hatreds or violence, provided that other effective remedies are available.
3 Notwithstanding paragraph 2 of this article, a Party may reserve the right not to apply paragraph 1 to those cases of discrimination for which, due to established principles in its national legal system concerning freedom of expression, it cannot provide for effective remedies as referred to in the said paragraph 2. in article 4-to be Established and xenophobic motivated threat Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally and without right, the following conduct: threatening, through a computer system, with the commission of a serious criminal under its defined offenc as domestic law, (i) persons for the reason that they belong to a group, distinguished by race, colour, descent or national or ethnic origin, as well as religion, if used as a pretex for any of these factors , or (ii) a group of persons which is distinguished by any of these characteristics.
Article 5 – Established and xenophobic motivated insult 1 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally and without right, the following conduct: insulting publicly, through a computer system, (i) persons for the reason that they belong to a group distinguished by race, colour, descent or national or ethnic origin , as well as religion, if used as a pretex for any of these factors; or (ii) a group of persons which is distinguished by any of these characteristics.
2 A Party may either: (a) require that the Office referred to in paragraph 1 offenc of this article has the effect that the person or group of persons referred to in paragraph 1 is exposed their hatreds, contemp or ridicule; or (b) reserve the right not to apply, in whole or in part, paragraph 1 of this article.
Article 6 Denial, gross minimisation, approval or justification of genocid, or crimes against humanity 1 Each Party shall adop a such legislative measure may not be the axis of the cessary establish the following conduct as criminal under its domestic law the offenc, when committed intentionally and with out right: distributing or otherwise making available, through a computer system to the public, material which, grossly minimis Dan's , approve or to acts constituting genocid justif or crimes against humanity, as defined by international law and recognised as such by final and binding decisions of the International Military Tribunal, established by the London agreement of 8 August 1945, or of any other international court established by relevant international instruments and whose jurisdiction is recognised by that Party.
2 A Party may either (a) require that the denial or the gross minimisation referred the them in paragraph 1 of this article is committed with the intent of the INCITS hatreds, discrimination or violence against any individual or group of individual, based on race, colour, descent or national or ethnic origin, as well as religion if used as a pretex for any of these factors otherwise, or (b) reserve the right not to apply, in whole or in part, paragraph 1 of this article.
Article 7 Aiding and abetting Each Party shall-adop a such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal under its domestic law, when committed intentionally and without right, aiding or abetting the commission of any of the established of the offenc in accordanc with this Protocol, with intent that such offenc be committed.
Chapter III — relations between the Convention and this Protocol article 8-relations between the Convention and this Protocol 1 articles 1, 12, 13, 22, 41, 44, 45 and 46 of the Convention shall apply, mutatis mutandis, to this Protocol.
2 the Parties shall extend the scope of application of the measure on defined in articles 14 to 21 and articles 23 to 35 of the Convention, to articles 2 to 7 of this Protocol.
Chapter IV – Final provision Article 9 – Expression of consent to be bound

1 this Protocol shall be open for signature by the States which have signed the Convention, which may express their consent to be bound by either: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2 A State may not sign this Protocol without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, unless it has already deposited or simultaneously deposits an instrument of ratification, acceptance or approval of the Convention.
3 the instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
Article 10 – Entry into force 1 this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States have expressed their consent to be bound by the Protocol, in accordanc with the provision of article 9 In respect of any 2 State which subsequently express their consent to it be bound by it , the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of its signature without reservation as to ratification, acceptance or approval or deposit of its instrument of ratification, acceptance or approval.
Article 11 Accession 1 — After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to the Protocol.
2 Accession shall be effected by the deposit with the Secretary General of the Council of Europe of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit.
Article 12 – reservations and declarations 1 reservations and declarations made by a Party to a provision of the Convention shall be applicable also to this Protocol, unless that Party otherwise of declare at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession.
2 By a written notification addressed to the Secretary General of the Council of Europe, any Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it will itself availa ... of the reservation (s) provided for in articles 3, 5 and 6 of this Protocol. At the same time, a Party may, with respect to itself availa ... the provision of this Protocol, of the reservation (s) provided for in article 22, paragraph 2, and article 41, paragraph 1, of the Convention, the irrespectiv of the implementation made by that Party under the Convention. Other reservations may be made.
3 By a written notification addressed to the Secretary General of the Council of Europe, any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it is itself of the possibility availa ... of requiring additional elements as provided for in article 5, paragraph 2 (a), and article 6, paragraph 2 (a). , of this Protocol.
Article 13 – status and withdrawals of reservations 1 A Party that has made a reservation in accordanc with article 12 above shall withdraw such reservation, in whole or in part, as soon as the circumstanc so permit. Such withdrawals shall take effect on the date of receipt of a notification addressed to the Secretary General of the Council of Europe. If the notification States that the attention of a reservation is to take effect on a date specified therein, and such date is later than the date on which the notification is received by the Secretary General, the withdrawals shall take effect on such a later date.
2 the Secretary General of the Council of Europe may periodically enquir with parties that have made one or more reser vation in accordanc with article 12 as to the prospects for withdrawing such reservation (s).
Article 14 – Territorial application 1 Any Party may at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Protocol shall apply.
2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 15 Denunciation 1 Any Party may, at any time, denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 16 – Notification the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in the elaborations of this Protocol as well as any State which has acceded to, or has been invited to accede to, this Protocol of: a any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any date of entry into force of this Protocol in accordanc with its articles 9, 10 and 11;
(d) any other Act, notification or communication relating to this Protocol.
In witness whereof the undersigned, being duly authorised, have signed theret this Protocol.
Done at Strasbourg, this 28 January 2003, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, to the non-member States which have participated in the elaborations of this Protocol, and to any State invited to accede to it.
 
 
 
 
The Convention on Cybercrime Budapest, 23. XI. 2001 preamble the Member States of the Council of Europe and other countries which have signed up here, considering that the aim of the Council of Europe is to achieve greater unity between Member States;
Recognizing that it is essential to promote cooperation with other countries of this Convention;

Convinced of the need to implement, as a priority, a common policy in the field of criminal law with the objective of protecting society against cybercrime, inter alia, by adopting appropriate legislation and fostering international co-operation;
Aware of the significant changes brought about by digitalisation, convergence networks and increasing globalisation;
Taking care of the risk that computer networks and electronic information may also be used for committing criminal offences, and that the evidence relating to such offences may be stored and put through these networks;
Recognizing the need for cooperation between States and private operators in the fight against cybercrime and the need to protect information technology use and development and legitimate interests;
Believing that an effective fight against cybercrime requires increased, rapid and well-functioning international co-operation in criminal matters;
Convinced that the present Convention is necessary to deter action against computer systems, networks and data confidentiality, integrity and availability of such systems, networks and data abuse by providing for criminal penalties for such activities as defined in the Convention, and the adoption of measures which would be sufficient to effectively combat these criminal offences, facilitating the detection, investigation and indictments in both national and international levels and by providing arrangements for fast and reliable international co-operation;
Well aware of the need to ensure a proper balance between the interests of the law and fundamental human rights as laid down in the 1950 Council of Europe human rights and fundamental freedoms, the 1966 United Nations International Covenant on Civil and political rights and other applicable international human rights instruments, reaffirms the right of everyone to freely express their views, as well as the right to freedom of expression, including the right to request , to receive and to provide all information and to express their ideas, despite the limitations, and the right to privacy;
Recognizing also the right to protection of personal data granted, such as the 1981 Council of Europe Convention on the protection of individuals against the automatic processing of personal data;
Taking into account the 1989 United Nations Convention on the rights of the child and the 1999 International Labour Organization Convention on the worst forms of child labour;
Taking into account the existing Council of Europe Convention on cooperation in the area of criminal law, as well as similar agreements between the Member States of the Council of Europe and other countries, and stressing that the present Convention is intended to complement the Convention and carry out criminal offences related to computer systems and data, criminal investigations and proceedings and ensure the collection of evidence in electronic form of a criminal offences;
Welcoming the recent progress in promoting international understanding and cooperation in the fight against cybercrime, including the measures taken by the United Nations, the Organization for economic cooperation and development (OECD), the European Union and the G8;
Recalling the recommendations of the Committee of Ministers No. R (85) 10 concerning the European Convention on mutual assistance in criminal matters in connection with the interception of letters and wire-tapping practical application, recommendation No. R (88) 2 on piracy of copyright and related rights, Recommendation No R (87) 15 regulating the use of personal data in the police sector, recommendation No. R (95) 4 on the protection of personal data in the telecommunications sector, with particular reference to telephone services as well as recommendation No. R (89) 9 on computer-related crime, providing guidelines for national legislation concerning certain definitions and the Cyber recommendation No R (95) 13 atteicīb on the criminal procedural law issues relating to information technology;
Having regard to resolution No 1 that their 21st Conference (Prague, 1997 June 10 and 11.) adopted by the European Ministers of Justice, which recommended the Committee of Ministers to support the European Committee (CDPC) crime work on Cybercrime, bring national legislation in the field of criminal law and ensure effective use of the means of investigation in relation to such offences, as well as resolution No. 3, which was adopted by the European Ministers of Justice (London Conference 23. , 2000, 8 and 9 June), encourages the parties to take action negotiations as trying to find the most appropriate solutions to ensure the greatest possible number of States to become parties to the Convention and recognized the need for a rapid and effective system of international cooperation, taking into account the special requirements of the fight against cybercrime;
Having also regard to the action plan adopted by the Council of Europe heads of State and Government at their second Summit (Strasbourg, 10 1997 and 11 October), to find common solutions to new information technology for development, on the basis of Council of Europe standards and values;
Have agreed as follows: Chapter 1 – use of terms article 1 – definitions for the purposes of this Convention: (a) "computer system" means any device or interconnected or related group of devices, of which one or more of the devices in accordance with the program performs automatic processing of data;
(b) "data" means any facts, information or concepts which are destined for processing in a computer system in an appropriate form, including a program suitable to cause the computer system to perform such functions;
c "service provider" means: (i) any legal or natural person, which provides its users the opportunity to communicate with the computer system and (ii) any other person who collects such data processing or communication service or users of such services.
(d) "traffic data" means any data relating to communication, created with the help of computer systems that form part of the chain of communication, indicating the communication's origin, destination, direction, time, date, size, duration, or type of service.
Chapter 2 – measures to be taken at the national level 1 subsection – substantive criminal law 1. Offences against data and computer systems the confidentiality, integrity and availability

Article 2 – Arbitrary access each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a criminal offence set out with the intention of not permit access to the entire computer system or part of it. Party may request the recognition as well as criminal offences committed against breaking the security measures with the intention of obtaining data or other dishonest intent, or in relation to a computer system that is connected to another computer system.
Article 3 – arbitrary interception each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a specific criminal offence with intent to commit an illegal data interception, made by technical means, using publicly available not intercepted transmissions to, from or within a computer system, including electromagnetic data acquisition from a computer system that contains the following data. Party may require that a criminal offence if it is considered to be done with honest intent, or in relation to a computer system that is related to another computer system.
Article 4 – data interference 1. Each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a specific criminal offence deliberately committed the unauthorized data corruption, deletion, deterioration, alteration or covering.
2. a party may make a reservation to article 1 steps must lead to serious injury.
Article 5 – System interference each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a specific criminal offence deliberately committed a serious non-computer systems functional disturbance of entering, moving, deleting, destroying, impairing, altering or obscuring the data.
Article 6 – misuse of devices 1 each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a criminal offence committed with the intention to strengthen and not allow: (a) the production, sale, supply, use, import, distribution or otherwise making use of: (i) a device, including a computer program, designed or adapted with the intention to carry out any of the offences established in accordance with the abovementioned Article 2-5;
(ii) a computer password, access code, or similar data by which the whole or part of the access computer system with the intent to use them to carry out any of the offences established in articles 2-5, and (b) the holding of the device mentioned above (a) (i) or (ii), with the intention to carry out any of the offences established in articles 2-5. Party legislation may stipulate that there must be more of these things, to join the criminal penalties.
2. This article shall not be translated as quantifiable, criminal liability if the production, sale, delivery, use, import, distribution or otherwise making use of or reference to the possession of this part of article is not made with the intention to commit an offence established in accordance with this Convention, 2.-Article 5, such as computer system authorized testing or protection.
3. Each Party may make a reservation not to apply this article, part 1, ensuring that this disclaimer does not apply to the sale, distribution or otherwise making use of the information in this article (a) in subparagraph (ii).
2. computer-related offences article 7 – With computer-related fraud each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a specific criminal offence committed with intent and illegal data entry, modification, deletion, or covering, resulting in no authentic data created with the intention to be considered as legal or act as with authentic regardless of whether or not the data is directly readable and intelligible. A party may provide that, in order to establish criminal liability, there must be the intent to defraud or similar dishonest intent to.
Article 8 – computer-related fraud each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a specific criminal offence committed with intent and illegal, and as a result suffered damage to property of another person: (a) any data entry, modification, deletion or shade;
(b) any interference with the functioning of a computer system, with fraudulent or dishonest intent without permission to get economic benefit for himself or for another person.
3. With content-related offences article 9 – With child pornography-related offences 1 each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as specific criminal offences committed with intent and illegal the following activities: (a) creation of child pornography with the intent to distribute it through a computer system;
(b) child pornography or offering accessible through a computer system;
(c) child pornography distribution or transmission through a computer system;
(d) acquisition of child pornography for himself or any other person using the computer system;
(e) possession of child pornography in a computer system or other data media.
2. the "child pornography" in part 1 understand the pornographic material that visually depicts: (a) minors involved in sexual activity;
(b) the seemingly minor engaged in sexual activity;
(c) realistic images depicting minors engaged in sexual activities.
3. in part 2 above, the meaning of "minor" means any person who is under 18 years of age. However, the party may set a lower age limit, which may not be less than 16 years.
4. Each Party may make a reservation not to apply in full or in part (d) and (e) of part 1 and part 2, points (b) and (c).
4. infringement of copyright and related rights-related offences article 10 – with the infringement of copyright and related rights-related offences

1. Each Party shall adopt such laws, regulations, and take other necessary measures to their national laws to be imposed by copyright infringement related criminal offences as defined by the parties law, the performance of the obligations assumed by the party by joining the 1971 Paris Act of July 24 on the amendments to the Berne Convention for the protection of literary and artistic works, an agreement on the sale of intellectual property rights-related aspects and the World Intellectual Property Organization (WIPO) Copyright Treaty except for any moral rights granted by the Convention, where such activities are made knowingly, with quantities and commercial computer systems.
2. Each Party shall adopt such laws, regulations, and take other necessary measures to their national laws to be imposed by copyright infringement related criminal offences as defined by the parties law, the performance of the obligations assumed by the party by joining the International Convention on the performers, producers of Phonograms and protection of the rights of broadcasting organizations (the Rome Convention), the agreement on the sale of intellectual property rights-related aspects and the World Intellectual Property Organization (WIPO) performances and Phonograms Treaty except for any moral rights granted by the Convention, where such activities are made knowingly, with quantities and commercial computer systems.
3. a party may make a reservation does not apply to criminal liability in accordance with this article, part 1 and 2, in certain circumstances, providing another effective feature availability, and if such a disclaimer is without prejudice to the international obligations of the parties set out in this article, part 1 and 2 referred to in international instruments.
5. in addition to the liability and sanctions article 11 – attempt and participation or inciting 1. Each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a criminal offence set out with the intention to commit or incitement to an offence established in accordance with this Convention, article 2-10, with the intention of committing that crime will be made.
2. Each Party shall adopt such laws, regulations, and take other necessary measures to their national laws, acts as a specific criminal offence committed with the intention of attempting to commit any of the offences established in accordance with this Convention, 3.-5., 7., 8., and article 9.1. points (a) and (c).
3. Each Party may make the disclaimer does not apply to this article in whole or in part, part 2.
Article 12-liability of legal persons 1. Each Party shall adopt such laws, regulations, and take other necessary measures to ensure that legal persons can be held liable for a criminal offence established in accordance with this Convention, committed for their benefit by any natural person, acting either individually or as a legal representative of the institution of the person who has a leading position on the basis of: (a) the representative of the legal person's powers;
(b) the power to make decisions on behalf of the legal person;
(c) an authority to exercise control of a legal person.
2. in addition to the part 1 of this article, the cases referred to, each Party shall take the necessary measures to ensure that a legal person may be called to account, if a natural person referred to in part 1, or a lack of control could make a criminal offence established in accordance with this Convention, the right of a legal person, the authority of which the physical person acted.
3. subject to the relevant legal principles of the party, the legal person may be held criminally liable, the liability or administrative responsibility.
4. Such liability must not prevent the prosecution of individuals who commit criminal offences.
Article 13 – sanctions and measures 1 each Party shall adopt such laws, regulations, and take other necessary measures to ensure that the criminal offences established in accordance with article 2-11 are punishable by effective, proportionate and dissuasive penalties, including imprisonment.
2. Each Party shall ensure that legal persons are called to account in accordance with article 12, are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including monetary sanctions.
2. the subdivision – a procedural measure 1. General provisions article 14 – scope of procedural provisions 1. Each Party shall adopt such laws, regulations, and take the other measures necessary to establish the powers provided for in this chapter and the order in which you perform specific criminal investigations or proceedings.
2. Except as provided for in article 21, each Party shall apply the powers and procedures referred to in this article: (a) in part 1 of the criminal offences established in accordance with this Convention, article 2-11;
(b) other offences committed through a computer system; and (c) a criminal offence the collection of evidence in electronic form.
3. (a) each party may make a reservation to apply article 20 only the measures laid down in criminal offences or categories of offences specified in the reservation, provided that the following categories of criminal offences or the circle is more limited as a criminal offence, to which the measures referred to in article 21. Each Party shall consider restricting such a reservation to enable the broadest measure referred to in article 21.
(b) If a party, on the basis of the limitations of its legislation in force at the time of the adoption of this Convention may not apply the measures referred to in articles 20 and 21 to communications being transmitted, the service provider's computer system, which system: (i) running closed user group, and (ii) does not use the public communications networks and is not connected with other not a public or private computer systems, the party may make a reservation not to apply these measures to such communications. Each Party shall consider restricting such a reservation to enable the broadest measure referred to in article 20 and 21 of the application.
Article 15 – conditions and safeguards

1. Each Party shall ensure that the powers and procedures provided earlier in this chapter, the introduction, implementation and application to be subject to the conditions and guarantees laid down in its national legislation, which should provide for adequate protection of human rights and liberties, including rights arising from the obligations undertaken by the State with the 1950 Council of Europe human rights and fundamental freedoms, the 1966 United Nations International Covenant on Civil and political rights and other applicable international human rights documents and which must include the principle of proportionality.
2. The following provisions and guarantees as appropriate of the powers involved or agenda, inter alia, include judicial or other independent supervision, grounds, and the application of such powers or the scope and duration of the agenda.
3. To the extent that it is consistent with the public interest, in particular with the reasonable administration of the Court, each Party shall consider the mandate laid down in this chapter and the order's impact on third parties ' rights, responsibilities and legitimate interests.
2. operational data accumulated saving article 16 – saving operational data accumulated 1 each Party shall adopt such laws, regulations, and take the other measures necessary to enable its competent authorities to order or similarly provide for the conservation of certain operational data, including traffic data, that has been stored with the help of a computer system, especially if there is reason to believe that the data is particularly vulnerable to loss or modification.
2. the party that implemented the above part 1, by order of the person to retain certain data collected personal ownership or control, adopt such laws, regulations, and take other necessary measures to require that on such person the obligation to preserve and maintain this data does not change for the time period, as necessary, to peak-90 days in order to allow competent authorities to request it. A party may provide that such an order may be issued then.
3. Each Party shall adopt such laws, regulations, and take other necessary measures to require that on the data custodian or other person who needs to store data, to maintain such confidentiality arrangements for the period provided for in its national legislation and regulations.
4. the powers and procedures referred to in this article shall be subject to articles 14 and 15.
Article 17 – data feeds and partial operational disclosure 1. Each Party shall, in respect of traffic data that is to be preserved under article 16, shall adopt such laws, regulations, and take other necessary measures to: (a) ensure that such operational data flow is possible, regardless of whether one or more service providers were involved in the transmission of that communication; and (b) ensure adequate operational data flow opening party the competent authority or a person designated by the institution to provide the party the opportunity to identify the service providers and communications transmission path.
2. the powers and procedures referred to in this article shall be subject to articles 14 and 15.
3. A production article 18 – production order 1 each Party shall adopt such laws, regulations, and take other necessary measures to its competent authorities authorised to request: (a) a person in its territory to submit certain data on the ownership or control of the person and stored in a computer system or a data storage environment; and (b) the service provider, which party offers his services to submit subscriber information relating to the services, located at the service provider's ownership or control.
2. the powers and procedures referred to in this article shall be subject to articles 14 and 15.
3. for the purposes of this article, the term "Subscriber information" means any information, data or any other form, held by the service provider in connection with your service to customers, other than traffic data or content data and by which can be established: (a) the type of communication service used, as well as the decisions taken by the technical conditions and service;
(b) the Subscriber's identity, postal or geographic address, telephone and other, as information about invoices and payments, available on the basis of a contract for services or the rules;
(c) any other information communication equipment at the installation site, available on the basis of a contract for services or the rules.
4. search for the stored data and takeover article 19 – search and data stored in transposition 1. Each Party shall adopt such laws, regulations, and take other necessary measures to empower its competent authorities to search or similarly access: a computer system or part thereof and the aggregated data; and (b) the storing of data on the environment in which the data can be accumulated within its territory.
2. Each Party shall adopt such laws, regulations, and take other necessary measures to ensure that where its authorities search or similarly access a specific computer system or part thereof on the basis of part 1 and paragraph (a) if there is reason to believe that the data sought is stored in another computer system or part of its territory, and such data can be lawfully accessible from or available to the initial system , institutions should be able to immediately extend the search or similar accessing to the other system.
3. Each Party shall adopt such laws, regulations, and take other necessary measures to empower its competent authorities to take over or similar to ensure that access the data in accordance with part 1 or 2. These include the right to: (a) take or similar to provide a computer system or part of it or a data storage environment; (b) make and keep a copy of this data;
(c) save the relevant data stored does not change;
(d) make available or not to remove the data from the computer systems that access.
4. Each Party shall adopt such laws, regulations, and take other necessary measures to empower its competent authorities to require any person who is familiar with the functioning of the computer system or measures taken to protect the data as necessary to provide the information necessary to promote the event, referred to in parts 1 and 2,.
5 powers and procedures referred to in this article is subject to article 14 and 15 of the rules.
5. data collection in real time article 20 – the collection of traffic data in real time

1. Each Party shall adopt such laws, regulations, and take other necessary measures to empower its competent authorities to: (a) to collect or record through technical measures in the territory of the party, and (b) impose on the service provider, taking account of its technical facilities: (i) collect or record through technical measures in the territory of the party, or (ii) to co-operate and assist the competent authorities to collect and record data stream in real time , associated with specific communications in its territory transmitted by means of computer.
2. If a party in its national legal system, the principles laid down cannot take measures referred to in paragraph (a) of part 1, may adopt legislative and other measures necessary to ensure that certain communications related data stream transmitted in its territory, using the technical means of gathering and recording in real time.
3. Each Party shall adopt such laws, regulations, and take other necessary measures to oblige the service provider to provide privacy to the fact of any power provided for in this article and any information associated with it.
4. the powers and procedures referred to in this article shall be subject to articles 14 and 15.
Article 21 – interception of content data 1. Each Party shall adopt such laws, regulations, and take other necessary measures in relation to serious criminal offences, determination of national normative acts to the competent bodies authorized: (a) to collect or record through technical measures within the territory of the party, and (b) impose on the service provider, taking account of its technical facilities: (i) collect or record through technical measures in the territory of the party or (ii) to co-operate and assist the competent authorities to collect and record the specific content of communications data in real time, its territory transmitted by means of computer.
2. If a party in its national legal system, the principles laid down cannot take measures referred to in paragraph (a) of part 1, may adopt laws and regulations and take other measures necessary to ensure that the content on its territory of certain communications collection and recording in real time, using technical means.
3. Each Party shall adopt such laws, regulations, and take other necessary measures to require that on the service provider to ensure the confidentiality of any fact of the powers provided for in this article, and any other information associated with it.
4. the powers and procedures referred to in this article shall be subject to articles 14 and 15.
3. Subdivision. Jurisdiction article 22 – jurisdiction 1 each Party shall adopt such laws, regulations, and take other necessary measures to establish jurisdiction over any criminal offence established in accordance with this Convention, 2.-Article 11, if the criminal offence was committed in its territory: (a) or (b) on board a ship flying the flag of that party, or (c) on board the plane, which is registered at the party, and the law, the Board or its citizen did it d If the offence is punishable by the criminal law of the place where it was committed or if the offence is committed outside the territorial jurisdiction of any State.
2. Each Party may make a reservation not to apply or to apply only in specific cases or conditions laid down in the rules of jurisdiction laid down in article 1 of this part (b) to (d) or any of its parts.
3. Each Party shall take the necessary measures to establish jurisdiction over the offences referred to in article 24 of this Convention, part 1, in cases where the suspect is located in its territory, and he or she shall not be issued to another party, solely on the basis of his or her nationality, after a request for extradition is received.
4. this Convention shall not exclude the criminal jurisdiction, which distributes in accordance with its laws and regulations.
5. If more than one party has the right to jurisdiction over alleged criminal offences established in accordance with this Convention, the parties concerned should consult with a view to determining the most appropriate jurisdiction indictments.
Chapter 3. 1. International Cooperation Department – general principles 1. International cooperation general principles article 23 – international cooperation general principles the Parties shall cooperate in accordance with the provisions of this chapter and with the appropriate mechanisms of international cooperation in criminal matters, arrangements, based on a unified and interrelated laws and regulations, and the application of national legislation, in order to encourage more investigations and proceedings concerning criminal offences related to computer systems and data or to gather evidence of criminal acts in electronic form.
2. the principles relating to extradition article 24 – extradition 1. (a) this article applies to extradition between parties for the criminal offences established in accordance with this Convention, 2.-Article 11, provided that they are punishable by both parties involved legislation with imprisonment up to a maximum, of at least one year, or by a more severe penalty.
(b) If different penalties can be more easily applied in accordance with the agreement, based on a uniform or reciprocal legislation or Treaty of extradition, including the European Convention on extradition (ETS No. 24), which can be applied between two or more parties, to apply such agreement or contractual minimum penalty.
2. the criminal offences described in part 1 of this article, be deemed to be included in the offences for which extradition is established in each extradition treaty that exists between the parties. The parties undertake to include such offences as criminal criminal offences for which extradition is determined, in each extradition treaty entered into by them.
3. If a party who has determined that the issue depends on the contract, receives a request for extradition from another party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition to any criminal offence referred to in part 1 of this article.
4. the parties which have not established that the issue depends on the Treaty, recognises the criminal offences referred to part 1 of this article, as criminal offences for which a release is defined between them.

5. Extradition is subject to rules which provide the requested party's laws or the applicable extradition treaties, including the grounds on the basis of which the requested Party may refuse extradition.
6. If extradition for a criminal offence referred to in part 1 of this article, "based solely on the nationality of the person sought, or because the requested Party considers that it has jurisdiction over the criminal offence, the requested Party shall submit the case at the request of the applicant party to its competent authorities for the lifting of the indictment and shall notify the Applicant of the result party at a specific time. These institutions make decisions and carry out investigations and legal proceedings in the same manner as for any other similarly a criminal offence under the laws of that party.
7. (a) each Party shall, at the time of signature or when the deposit of the instrument of ratification, acceptance, approval or accession with the Secretary-General of the Council of Europe shall be submitted to each institution, which is responsible for the request for the extradition of dispatch or arrival, or of the possible arrest if not contract, name and address.
(b) the Secretary-General of the Council of Europe shall set up and maintain the restored institution specified parties. Each Party shall at all times ensure the correctness of messages stored in the registry.
3. General principles relating to mutual assistance article 25 – general principles relating to mutual assistance 1. the Parties shall provide mutual assistance to the greatest extent possible, to carry out investigations and proceedings concerning criminal offences related to computer systems and data, or to gather evidence of criminal acts in electronic form.
2. Each Party shall adopt such laws, regulations, and take other necessary measures to implement the obligations laid down in article 27-35.
3. Each Party may, in urgent cases, to ask for mutual assistance or communications related to the rapid means of communication, including fax or e-mail, to the extent that such means provide appropriate levels of security and authentication (including the use of encryption, where necessary), with formal confirmation to follow, only if so requested by the requested Party. The requested Party shall accept and respond to requests using any of these means of communication.
4. Except as specifically provided in articles in this chapter, mutual assistance is subject to the provisions introduced by the applicant party's regulations or the applicable extradition treaties, including the grounds on the basis of which the requested Party may refuse co-operation. The requested Party may not exercise the right to refuse mutual assistance in relation to the offences referred to in article 2-11, only on the basis that the request relates to an offence which it considers economic crime.
5. If, in accordance with the provisions of this chapter, the requested Party is permitted to make mutual assistance based on double jurisdiction, this condition should be considered for implementation, whether or not those party regulations place the offence within the same category of offence or the offence shall apply the same terminology as the claimant party if the transaction that is the basis for the offence for which assistance is requested , is a criminal offence in its legislation.
Article 26 – unplanned information 1. Party within the law and without prior request can be forwarded to the other party information obtained within the framework of the investigation, if it considers that the disclosure of such information might assist the receiving party in initiating or carry out investigations or proceedings concerning criminal offences established in accordance with this Convention or might lead to a request by that party under this chapter of cooperation.
2. before you provide such information, the providing party may request that it be kept confidential or only used in accordance with the rules. If the requested Party cannot comply with such a requirement, it shall notify the providing party, which then determines whether the information should nevertheless be provided. If the receiving party accepts the information subject to the rules, they must be bound.
4. the procedure for requests for mutual assistance, where there is no applicable international agreements article 27 – procedures relating to requests for mutual assistance, where there is no applicable international agreement 1. If there is no mutual assistance treaty or arrangement on the basis that are unified and interrelated legislative acts in force, between the applicant and the requested Party, to apply that article 2.-the provisions of part 9. The provisions of this article shall not apply where such treaty, arrangement or legislation exists, unless the parties involved agree to place the application of any or all of the provisions of this article.
2. (a) each Party shall mean the main institutions or institutions that will be responsible for the transmission of requests for mutual assistance and responding to them, implementation of such requests or the transmission of the institutions competent to execute it;
(b) main institutions should contact directly one with another;
(c) each Party shall, at the time of signature or the deposit of instruments of ratification, acceptance, approval or accession, submit them to the Secretary General of the Council of Europe authorities, designated in accordance with this part, name and address;
(d) the Secretary-General of the Council of Europe shall set up and maintain the designated party restored the main institution. Each Party shall at all times ensure the correctness of messages stored in the registry.
3. Mutual assistance requests under this article shall be executed in accordance with the procedure established by the claimant party, except where it is incompatible with the requested party's laws and regulations.
4. The requested Party shall in addition to the grounds for refusal set out in article 25, paragraph 4, refuse assistance if: a the request concerns an offence which the requested Party considers a political offence or criminal for a criminal offence related to a political offence, or b it considers that execution of the request may be harmful to its sovereignty, security, public order or other essential interests.
5. the requested Party may postpone the execution of a request if such action would prejudice criminal investigations or proceedings conducted by its authorities.

6. refusal or postponement of assistance Before the requested Party, in consultation with the applicant, consider whether the request can be performed partially or subject it to conditions considered necessary.
7. The requested Party shall promptly inform the Applicant party of the results of executing the request for assistance. Any refusal or postponement of the request must provide the reason. The requested Party shall also inform the Applicant party of any reasons that make the execution of the request, or it may significantly delay.
8. the applicant party may request that the requested Party hold confidential the fact of any such request made within the Department, as well as its subject, except to the extent necessary to execute it. If the requested Party cannot accept the request for confidentiality, it shall immediately inform the applicant party, which then determines whether the request to run, however.
9. (a) in cases of urgency, requests for mutual assistance and the related communication the applicant party law enforcement authorities can be sent directly to the same side of the requested authority. Each such case must simultaneously send a copy through the plaintiff's side of the main body of the requested party to the main body.
(b) any request or communication under this paragraph is made with the International Criminal Police Organization (Interpol).
(c) If the request is sent in accordance with paragraph (a) of this article and the authority is not competent to deal with the request, it sends a request to the competent national body shall immediately inform the Applicant and the party that it has acted like this.
(d) requests or communications made under this part and is not related to the activities of the applicant, forced the parties the competent authorities directly transmit the requested party to the competent authorities.
(e) each Party shall, at the time of signature or when submitting its instrument of ratification, acceptance, approval or accession, inform the Secretary General of the Council of Europe, that, in order to ensure efficiency, requests made under this part must be addressed to its central authority.
Article 28 – confidentiality and limitation on use 1. If there is no mutual assistance treaty or arrangement based on a uniform or reciprocal legislation, between the applicant and the requested party to apply the provisions of this article. The provisions of this article shall not apply where such treaty, arrangement or legislation exists, unless the parties concerned agree to apply any or all of the provisions of this article.
2. the party that requested help, can provide additional information or material in response to a request, which depends on rules that it: (a) keep confidential where the request for mutual assistance may not be applied due to the lack of such a provision, or (b) will not use the investigation or proceeding other than as specified in the request.
3. If the claimant party cannot comply with the provisions referred to in paragraph 2, it shall immediately inform the other party, which shall then determine whether the information still be provided. When the claimant party shall adopt rules, it becomes bound.
4. any party providing information or material subject to part 2 of these terms, may request the other party in connection with this provision to clarify such information or material.
2. the subdivision. Special rules 1. mutual assistance regarding provisional measures article 29 – operational data accumulated saving 1. a party may request another party to claim or otherwise be achieved with the operational computer system accumulated data retention, which is located in the territory of the other party in respect of which the claimant party intends to submit a request for mutual assistance for the search or otherwise access, take over or similar to ensure, or open data.
2. a request for preservation of data pursuant to part 1 should specify: (a) the institution seeking the preservation;
(b) a criminal offence that is the subject of a criminal investigation or criminal proceedings, and a brief statement of the facts associated with it;
(c) the accumulated data to be stored and its relation to the criminal offence;
(d) any available information indicating the accumulated data repository or the location of the computer system;
(e) the need to conserve; and (f) that the party intends to submit a request for mutual assistance, to search or similar access, take over or similar to ensure, or open data.
3. Upon receiving the request from another party, the requested Party shall take all necessary measures to save certain operational data in accordance with its national laws and regulations. To respond to a request, the double jurisdiction is not required as a condition to providing such preservation.
4. a party that requires dual jurisdiction as a condition to respond to a request for mutual assistance for the search or similar access, take over or similar to ensure or open the data stored for other criminal offences, which are not mentioned in the Convention in article 2-11, you can make a reservation request to refuse saving under this article in cases where there is reason to believe that the discovery of the double jurisdiction during the condition can not be realised.
5. in addition, a request for preservation may only be refused if: a the request concerns an offence which the requested Party considers a political offence or criminal offences, which is related to a political crime, or b the requested Party considers that execution of the may may harm its sovereignty, security, public order or other essential interests.
6. If the requested Party believes that preservation will not ensure the future availability of the data or will threaten the confidentiality of or otherwise harm the claimant party's investigation, it shall without delay inform the applicant party, which then determines whether the request should nevertheless be executed.
7. Any preservation effected in response to the request referred to in part 1 shall be for a period not less than sixty days, in order to ensure the applicant party of the opportunity to submit a request for the search or similar access, acquisition or similar provision or disclosure. Following the receipt of such request, the data should continue to keep pending a decision on such a request.
Article 30-saved data flow task detection

1. If the request is expressed on the basis of article 29, the conservation of traffic data associated with specified communications in the course of the execution of the requested party discovers that a service provider in another State was involved in the transmission of the communication, the requested Party shall promptly disclose to the applicant the party a sufficient amount of traffic data to identify the service providers and the path through which the communication was transmitted.
2. disclosure of traffic data under part 1 may be disclosed only if: a the request concerns an offence which the requested Party considers a political offence or criminal offences, which is related to a political crime; or b the requested Party considers that execution of the request may harm its sovereignty, security, public order or other essential interests.
2. mutual assistance regarding investigative powers article 31 – mutual assistance regarding accessing of stored data 1. a party may request another party to search or similarly access, take or similar to provide and disclose data stored with the help of a computer system located in the territory of the requested Party, including data that is stored in accordance with article 29.
2. The requested Party shall respond to the request, the application of the international documents, agreements and regulations referred to in article 23, and in accordance with other relevant provisions of this chapter.
3. the answer to the request immediately if: (a) has reasonable grounds to believe that relevant data is particularly vulnerable to loss or modification, or (b) the documents, agreements and regulations referred to in part 2, otherwise ensure operational cooperation.
Article 32 – trans-border access to stored data with consent or where they are publicly available a party may, without the authorisation of another party: (a) to access publicly available (open source) stored data, regardless of where the data is located geographically; or (b) access or receive its territory held by computer systems, assistance in data collected in a different way, if the party obtains the lawful and voluntary consent of the person who has the legal right to disclose the data to the party with the help of computer systems.
Article 33 – Mutual assistance in the collection of traffic data in real time 1. the Parties shall provide mutual assistance to each other to collect traffic data in real time, in relation to certain communications in their territory transmitted by a computer system. Exposing the part 2 rules, this assistance is provided under national legislation the rules and procedures.
2. Each Party shall provide such assistance at least with respect to criminal offences for which the collection of traffic data in real time would be possible in a similar case at the national level.
Article 34 – mutual assistance regarding the interception of content data the Parties shall provide mutual assistance to each other in real time by collecting a certain type of communication or content data transmitted with the help of a computer system to the extent allowed by the applicable treaties and national laws.
3.24/7 Network article 35 – 24/7 network 1. each Party shall establish a contact point, available 24 hours a day, seven days a week to provide immediate assistance for the purpose of investigations or proceedings concerning criminal offences related to computer systems and data, or to collect evidence for criminal acts in electronic form. Such assistance, if permitted by national laws and practices, include the following promotion and direct measures: (a) the provision of technical advice;
(b) the retention of data on the basis of article 29 and 30;
(c) the collection of evidence, the provision of legal information and the suspect location.
2. (a) the Parties shall be the contact point for the operational capacity to carry out communications with the point of contact of another party.
(b) if the point of contact designated by a party is not part of the party, the institution or institutions responsible for international mutual assistance or extradition, the point is to ensure that it is able to cooperate with the following operational institution or institutions.
3. Each Party shall ensure that trained and equipped personnel are available to facilitate the operation of the network.
Chapter 4 — final clauses article 36 – signature and entry into force 1 this Convention shall be open for signature by the Member States of the Council of Europe and non-member countries but which have participated in its elaboration.
2. this Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval must be submitted to the Secretary-General of the Council of Europe.
3. this Convention shall enter into force on the first day of the month, three months after the date on which five States, including at least three Member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with part 1 and 2.
4. irrespective of any country that signed up then express their consent to be bound by it, recognize it, the Convention shall enter into force on the first day of the month, three months after the date on which it expressed its consent to be bound by the Convention in accordance with part 1 and 2.
Article 37 – accession to the Convention 1 After the entry into force of the Convention, the Committee of Ministers of the Council of Europe, after consulting and obtaining the unanimous consent of the States signatories to the Convention, may invite any State not a member of the Council of Europe and which has not participated in its elaboration to accede to this Convention in. The decision must be taken by majority vote, provided for in the Statute of the Council of Europe, article 20 (d), and unanimously signed the Convention, the representatives of the countries eligible to participate in the Committee of Ministers, in the vote.
2. irrespective of any State acceded to the Convention in accordance with the above mentioned part 1, the Convention shall enter into force on the first day of the month, three months after the date of accession was submitted to the Secretary-General of the Council of Europe.
Article 38 – territorial application 1. everyone at the time of signature or when it submitted its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which the Convention will apply.

2. Any State at any time later by declaration addressed to the Secretary General of the Council of Europe, extend the application of the Convention in respect of any territory specified in the Declaration. Regardless of such areas in the Convention shall enter into force on the first day of the month, three months after the date on which the Declaration is received by the Secretary-General.
3. Any declaration made under the two preceding parts, independently from any of the areas defined in this Declaration, be withdrawn by notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the first day of the month following the expiration of three months from the date of receipt by the Secretary-General of such notification received.
39. Article 1 of the Convention impact. the existing Convention goal is to supplement applicable multilateral and bilateral agreements or arrangements between the parties, including:-the European Convention on extradition, opened for signature in Paris on 13 December 1957 (ETS No. 24);
– European Convention on mutual assistance in criminal matters, opened for signature in Strasbourg on 20 April 1959 (ETS No. 30);
– The additional protocol to the European Convention on mutual assistance in criminal matters, opened for signature in Strasbourg on 17 March 1978 (ETS No. 99).
2. If two or more parties have already concluded an agreement or Treaty on the matters dealt with in this Convention or otherwise have established relations on these issues or planning to do so in the future, they must also give the right to apply such agreement or treaty or to regulate those relations accordingly. However, where parties establish a relationship on the issues to be determined by this Convention different than set here, they should do so in a way that does not conflict with the purposes and principles of the Convention.
3. Nothing in this Convention shall affect the party, can other rights, restrictions, obligations and responsibilities.
Article 40 – declarations by a written notification to the Secretary-General of the Council of Europe, any State at the time of signature or ratification, acceptance, approval or accession declare that it reserves the possibility to request the additional criteria provided for in 2., 3., part 1 of article 6, point (b) of article 7, article 9, paragraph 3 and article 27 (e) of part 9.
Article 41 – federal clause 1. A federal State may make a reservation to that Convention, Chapter 2 obligations in accordance with its basic principles, which define the relationship between the Central Government and the relevant regional States or other similar territorial entities provided that it must be in a position to cooperate, in accordance with Chapter 3.
2. By making a reservation in accordance with part 1, a federal State may not apply the terms of such reservation to exclude or substantially reduce its obligations to ensure the measures set out in section 2 above. In General, it must ensure a wide and effective application of the laws of chance regardless of these measures.
3. with regard to the provisions of this Convention, the application of which is provincial or other similar territorial entities within the jurisdiction to which the constitutional system of the Federation does not oblige to make legitimate measures, the Federal Government shall inform the competent authority of such State for such conditions with its favourable opinion, encouraging to take appropriate action before they can take effect.
Article 42 – reservations by a written notification addressed to the Secretary General of the Council of Europe, any State at the time of signature or ratification, acceptance, approval or accession declare that it made a reservation (s) as provided for in article 4, part 2, part 3 of article 6, paragraph 4 of article 9, paragraph 3 of article 10, article 11, part 3, part 3 of article 14, article 22, part 2, article 29 of part 4 and part 1 of article 41. No other reservations may not be made.
Article 43 – status and withdrawal of reservations 1. Party which made a reservation in accordance with article 42 may wholly or partially withdraw it by written notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect from the date on which the Secretary-General received the notice. If the notification specified that the withdrawal of the reservation to take effect by a certain date and this date is later than the date on which the Secretary-General of the notification, the cancellation takes effect on the later date set by.
2. the party which made a reservation as referred to in article 42, fully or partially withdrawn such a reservation as soon as circumstances permit.
3. The Secretary-General of the Council of Europe may periodically inquire of the parties who have committed one or more reservations as referred to in article 42, the intention of such disclaimers (u) recall in the future.
Article 44 – amendments 1 amendments to this Convention may be proposed by any party, and to the Secretary-General of the Council of Europe must be made known to the Member States of the Council of Europe, the non-member countries, but have participated in the elaboration of this Convention as well as to any other State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of article 37.
2. Any amendment proposed by a party shall be communicated to the European Committee for crime matters (CDCP), which shall submit its views on the proposed amendment to the Committee of Ministers.
3. the Committee of Ministers shall consider the proposed amendment and of the European Committee on crime matters (CDCP) the submitted views and consultation with countries which are not Member States, parties to the Convention adopted amendments.
4. the text of any amendment adopted by the Committee of Ministers in accordance with part 3 of this article, shall be forwarded to the parties for acceptance.
5. any amendment adopted in accordance with article 3 of this part, shall enter into force on the thirtieth day after all the parties informed the Secretary General of their acceptance.
Article 45 – settlement of disputes 1. European Committee for crime (CDPC) informs about the interpretation and application of this Convention.
2. in the event of a dispute between the parties concerning the interpretation or application of this Convention its looking for a settlement of the dispute by negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Crime (CDPC), the Tribunal, whose decisions are binding on the parties, or to the International Court of Justice after the agreement of the parties.
Article 46 – consultations of the parties 1. the Parties shall consult periodically as possible to promote: (a) the effective application of this Convention and of the implementation, including any problems, as well as any notification or reservation made in accordance with this Convention, the legal consequences;

(b) exchange of information on significant legal, policy or technological developments pertaining to cybercrime and the collection of evidence in electronic form;
(c) the possible addition or amendment of the Convention.
2. the European Committee on Crime (CDPC) periodically informed regarding the results of the consultation referred to in part 1.
3. the European Committee (CDPC) crime as contributing tutorials mentioned in part 1, and take the necessary measures to assist the parties in their efforts to supplement or amend the Convention. At the latest three years after the present Convention enters into force, the European Committee on crime, in cooperation with the parties conducted a review of all the Convention's provisions and, if necessary, propose appropriate amendments.
4. Expenditure incurred by the implementing conditions of part 1 shall be borne by the parties in the manner in which they have laid down, except when it is charged by the Council of Europe.
5. The Council of Europe Secretariat shall assist the parties in carrying out their functions pursuant to this article.
Article 47 – denunciation (a) any party may, at any time, denounce this Convention by notification addressed to the Secretary General of the Council of Europe.
(b). Such denunciation shall become effective on the first day of the month following three months after the date on which the notice is received by the Secretary-General.
Article 48 – notification the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, the non-member countries, but have participated in the elaboration of this Convention as well as to any other State which has acceded to or has been invited to accede to this Convention of: a any signature;
(b) each instrument of ratification, acceptance, approval or accession;
(c) the date of entry into force of this Convention in accordance with article 36 and 37;
(d) any notification made under article 40 or reservation made, made in accordance with article 42;
e any other Act, notification or communication relating to this Convention.
In witness whereof the lower signed, duly authorized, have signed this Convention.
Drawn up in Budapest in 2001 on November 23, the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will send certified copies to each Member State of the Council of Europe, the non-member countries, but who participated in the drafting of this Convention and any State which has been invited to join it.
 
 
 
 
 
The Convention on Cybercrime additional protocol on racism and xenophobia, crimes that are committed in computer systems, Strasbourg 28. I. 2003 Member States of the Council of Europe and the other countries that signed the Convention here on Cybercrime, opened for signature in Budapest, on 23 November, 2001;
Considering that the aim of the Council of Europe is to achieve greater unity between Member States;
A reminder that all people are born with equal rights to freedom and dignity;
Stressing the need to ensure the full and effective implementation of all human rights, to discrimination or izskauj people in sorting, as also the European and other international instruments;
Convinced that racism and xenophobia a crime is a violation of human rights and the rule of law and democratic stability;
Considering that national and international laws and regulations to provide appropriate legal measures for combating racism and xenophobia nature of propaganda, which is common in computer systems.
Convinced that such propaganda should apply criminal sanctions in national legislation;
Based on the Convention on Cybercrime, which serves as a modern and flexible international stability and confidence on the need to harmonise the substantive law rules concerning racism and xenophobia propaganda;
Convinced that a computer system offers features not previously used in the name of freedom and communication around the globe for simplification;
Recognizing that freedom of speech is a democratic society as an integral part of its progress and any essential condition for human development.
Taking care of the risk that such a computer system can abuse or unauthorized use to make propaganda of racism and xenophobia;
Well aware of the need to ensure the right balance between freedom of expression and the effective fight against racist and xenophobic character.
Recognising that this Protocol is not intended to affect the already fruitful principles on freedom of expression in national legal systems.
Taking into account the relevant international legal documents in this area, in particular, the human rights and fundamental freedoms, the Convention and its Protocol No. 12, which contains general provisions on non-discrimination adopted by the Council of Europe conventions on cooperation in criminal matters, in particular, the Convention on Cybercrime, 21 December 1965, the United Nations International Convention on the Elimination of racial discrimination, on 15 July 1996 a joint action of the European Union of the European Council has adopted on the basis of the Treaty on European Union the K3. article relating to combating racism and xenophobia requires measures to be taken.
Positive looking to the recent development in promoting mutual understanding and cooperation in the fight against cyber crime, racism and xenophobia.
Having regard to the action plan adopted by the European Council, the heads of State and Government at the second Summit (Strasbourg, 10 1997-11 October), to agree on common action with regard to the development of new technologies, based on Council of Europe standards and values.
Have agreed as follows: Chapter 1 — General provisions article 1 – purpose the purpose of this document is to provide parties signing this Protocol, the provisions of the Convention on Cybercrime, opened for signature in Budapest, on 23 November 2001 (hereinafter referred to as the Convention), in relation to racist and xenophobic offences criminalising of nature that made computer systems.
Article 2 – Definitions in this document: 1. the "racist or xenophobic material" means any data in writing, pictures, or any other idea or theory, advocating, promoting or cause hatred, discrimination or violence against any person or group of people, and is based on race, skin color, family, ethnic or national origin, as well as religion, if used as a pretext for any of the above factors.

2. for the purposes of this document, the terms and concepts are translated in the same way as in the Convention.
Chapter 2 — features that are applicable at the national level article 3 – racist and xenophobic material through computer systems distribution assistance 1. Each Party shall adopt such laws, regulations, and take other necessary action to its laws as an offence committed with the intention to strengthen and not allow such actions: racist or xenophobic material distribution, or otherwise making it public for use with computer systems.
2. a party may make a reservation does not apply to criminal penalties, including the action that this part of article, where the material, as defined in article 2, first paragraph, advocating, promoting or leads to discrimination that is not associated with hatred or violence, provided that can be applied to any other effective means.
3. Notwithstanding paragraph 2, a party may make a reservation does not apply to those set out in part 1 in cases of discrimination, which, in accordance with its national legal system, the principles laid down in regard to freedom of expression, it cannot apply effective measures laid down in part 2.
Article 4 – racism and xenophobia motivated threats, each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a criminal offence committed with the intention to strengthen and not allow such actions: threatening by means of computer systems, setting it in their legislation as a serious criminal offence, if (i) the person's belonging to a group is sorted by race, skin color, family, national or ethnic origin as well as religion, if used as a pretext for any of these factors, or (ii) the Group of persons that are separated by one of the above characteristics.
Article 5 – racism and xenophobia motivated insult 1. Each Party shall adopt such laws, regulations, and take other necessary measures in their national law as a specific criminal offence committed with intent and not allow the following: public insult, using a computer system, (i) for the reason that they belong to a group that is sorted by race, skin color, family, national or ethnic origin, and religion If it is used as a pretext for any of these factors; (ii) or groups that are members of the draw after one of distinction.
2. a party may: a. require that the article referred to in part 1 of the criminal consequences of crime refers to a person or group of persons specified in part 1, subject to hatred, contempt or ridicule for treatment; or (b). make a reservation not to apply in full or in part 1 of this article. ".
Article 6 – genocide or other crimes against humanity committed in denial, impact mitigation, supporting or condoning 1. Each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a specific criminal offence deliberately committed and not allow such actions: material distribution or otherwise making them public on the use of the computer system, which denies, diminishes the impact, supports or justifies the offences associated with genocide or against humanity set out in international law and recognized in the International Military Tribunal for the final binding decisions determined by the London 8 august 1945 agreement, or any other international court established under international instruments and whose jurisdiction is recognised by the party.
2. a party may: a. require that the denial or mitigation of identified, referred to in part 1 of this article, is done with the intention to cause hatred, discrimination or violence against any person or group of people and based on race, skin color, family, national or ethnic origin, as well as religion, if used as a pretext for any of these factors; or (b). make a reservation not to apply in full or in part 1 of this article. ".
Article 7 – participation and inciting each Party shall adopt such laws, regulations, and take other necessary measures to their national legislation as a specific criminal offence deliberately committed and not allow participation or incitement to any of the criminal offences defined in this Protocol, with the intent to commit such a crime.
Chapter 3 — the relationship between the Convention and this Protocol article 8 – relationship between the Convention and this Protocol article 1 1, 12, 13, 22, 41, 44, 45 and 46.. applies, mutatis mutandis, to this Protocol.
2. the Parties shall extend the Convention 14-21 and 23-35 articles in the scope of the powers mentioned in relation to this Protocol 2-article 7.
Chapter 4 — final clauses article 9-recognition of binding 1. This Protocol is open for signature by signatories to the Convention, and to express their consent to be bound by: a. signature without reservation, relating to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval 3. State may not sign this Protocol without subterfuge, relating to ratification, acceptance or approval, unless it is presented at the Convention of the deposit of instruments of ratification, acceptance or approval.
4. instruments of ratification, acceptance or approval must be submitted to the Secretary-General of the Council of Europe.
Article 10 – entry into force 1. this Protocol shall enter into force on the first day of the month, three months after the date on which five States have expressed their consent to be bound by the Protocol to declare, in accordance with the provisions of article 9 2. independently from any country who signed up then expresses his consent to acknowledge it as binding, the Protocol shall enter into force on the first day of the month, three months after the date it signed without reservation made relating to ratification, acceptance or approval, or ratification, acceptance or approval.
Article 11 – accession 1. After the entry into force of this Protocol, any State which has acceded to the Convention, may accede to this document;
2. instruments of accession shall be submitted to the Secretary-General of the Council of Europe, which shall enter into force on the first day of the month, three months after the date of accession was submitted.
Article 12 – reservations and declarations

1. the reservations made by the parties, and a Declaration on the provisions of the Convention shall also apply to this Protocol, unless the parties otherwise at the time of signature or ratification, acceptance, approval or accession.
2. By written notification addressed to the Secretary General of the Council of Europe, any State at the time of signature or ratification, acceptance, approval or accession declare that it made a reservation (s) as provided for in the 3, 5 and 6 of this document. At the same time, the party declares that in relation to the provisions of this Protocol, the latter shall make the reservation (s) provided for in the Convention article 22, second paragraph, and article 41, first paragraph, regardless of what party under this Convention is implemented. No other reservations may not be made.
3. in a written communication addressed to the Secretary General of the Council of Europe, any State at the time of signature or ratification, acceptance, approval or accession declare that it renounces the option of requiring additional elements as provided for in article 5 of this document in part (a) of article 6(2) and in part (a).
Article 13 – status and withdrawal of reservations 1. Party which made a reservation in accordance with article 12, may wholly or partly withdraw it as soon as conditions permit. Such withdrawal shall take effect from the time when the Secretary-General of the Council of Europe received the notice. If the notification specified that the withdrawal of the reservation to take effect by a certain date and this date is later than the date on which the Secretary-General of the notification, the cancellation takes effect on the later date set by.
2. The Secretary-General of the Council of Europe may periodically inquire of the parties who have committed one or more reservations as referred to in article 12, the intention of such disclaimers (u) recall in the future.
Article 14 – territorial application 1. everyone at the time of signature or when it submitted its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which the Convention will apply.
2. any party may at any time later by declaration addressed to the Secretary General of the Council of Europe, extend the application of the Protocol in respect of any territory specified in the Declaration. Regardless of such territory the Protocol shall enter into force on the first day of the month, three months after the date on which the Declaration is received by the Secretary-General.
3. Any declaration made under the two preceding parts, independently from any of the areas defined in this Declaration, be withdrawn by notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the first day of the month following the expiration of three months from the date of receipt by the Secretary-General of such notification received.
Article 15: denunciation (a). Any party may, at any time, denounce this Convention by notification addressed to the Secretary General of the Council of Europe.
(b). Such denunciation shall become effective on the first day of the month following three months after the date on which the notice is received by the Secretary-General.
Article 16-Notice to the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe, the non-member countries, but have participated in the elaboration of this Convention as well as to any other State which has acceded to or has been invited to accede to this Convention of: a any signature;
(b) each instrument of ratification, acceptance, approval or accession;
(c) the date of entry into force of the Protocol, in accordance with the 9, 10 and 11;
(d) any notification made under article 40 or reservation made, made in accordance with article 42;
e any other Act, notification or communication relating to this Protocol.
In witness whereof, below, duly signed by the authorised, have signed this Protocol.
Drawn up in Strasbourg on 28 January 2003, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will send certified copies to each Member State of the Council of Europe, the non-member countries, but who participated in developing this Protocol and each State which has been invited to join it.