Criminal law

Strengthening Kazakhstan’s capabilities to effectively address crime through cross-border electronic evidence requests


From 8 to 11 November, the OSCE Transnational Threats Department organized a training course on cross-border electronic evidence requesting in Kochi, in close cooperation with the OSCE Program Office in Astana and the relevant United Nations office. Drugs and Crime, Law Enforcement Academy of the OSCE Prosecutor’s Office. Republic of Kazakhstan.

“As a criminal justice practitioner for over 20 years, I have witnessed the increasing importance of electronic evidence in all types of criminal investigations. However, the demand for such evidence from private providers, particularly those in foreign jurisdictions, continues to It is a rapidly developing field and there are no internationally binding standards or uniform rules. Rainer Franoch, Deputy Director General for Criminal Law and Procedure at the Ministry of Justice in the German Federal State of Hesse and one of the conference participants, said: “Exchanging experiences, good practices and lessons learned on how to obtain electronic evidence From abroad is essential.” International experts who provide training.

The three-day training was followed by a one-day roundtable in which participants and experts discussed potential changes in the operational procedures of Kazakhstan’s criminal justice institutions to improve their capabilities in obtaining electronic evidence from abroad.

“Kazakhstan has limited experience with direct requests to foreign service providers for electronic evidence. This event has provided us with concrete knowledge and tools that will help our law enforcement authorities to Use this method to obtain evidence more frequently in the future.” Office of the Republic of Kazakhstan.

This was the third session in which the course was offered in Central Asia, following the events held in 2008 Kyrgyzstan And Uzbekistan Earlier this year. Participants represented the Ministry of the Interior of Kazakhstan, including its academies in Almaty and Karaganda, the National Security Committee, the Main Directorate of the Military Police of the Ministry of Defense, the Academy of Justice of the Supreme Court, the Financial Supervision Agency and the Law. Implementation Academy of the Prosecutor General’s Office.

The course, jointly developed by UNODC, INTERPOL and the OSCE, with financial support from the European Union, is based on the UN Practical Guide on Requesting Cross-Border Electronic Evidence. The course modules covered the tools available for requesting electronic evidence from service providers residing in foreign jurisdictions, including preservation requests, voluntary disclosure, emergency disclosure, mutual legal assistance, as well as police-police cooperation channels. The session also discussed the importance of respecting human rights and fundamental freedoms in all these procedures.

This training was provided within an extrabudgetary project entitled “Capacity Building in Combating Cybercrime in Central Asia”, which is funded by the United States of America, Germany, and the Republic of Korea.


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