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Convention on Cyber Crime

Survey Answer:

The Cybercrime Convention defines certain IT-related criminal offences and harmonises their penalisation by usually obliging the signatory states to appropriately amend their national laws. There are however exceptions to this rule where the Convention explicitly allows signatory states to reserve the right not apply certain criminal offences set forth, either partially or in full.
While this serves to ensure that certain criminal offences are regarded as such internationally, the penalties associated to the offences may nevertheless differ between signatory states, as the Convention provides neither examples nor concrete guidelines regarding the sanctions to be imposed for each offence. Rather Art 13 merely states that sanctions should be “effective, proportionate and dissuasive” and “include deprivation of liberty”.
In addition to provisions of substantive criminal law (Art 2 – 13 of the Convention and Art 3 – 7 of the Additional Protocol), the Cybercrime Convention also contains provisions of procedural law (Art 14 – 21), though instead of rules on court proceedings this section rather contains pro-visions aimed at improving investigative procedures and powers, such as the interception, col-lection and preservation of stored and traffic data by state authorities. Furthermore the Con-vention provides rules on jurisdiction (Art 22) and international cooperation (Art 23 – 35).

Provided By:
Árpád Geréd, Maybach Görg Lenneis Geréd Rechtsanwälte