BAKU, Azerbaijan, March 19. In Azerbaijani
criminal procedures, electronic data will henceforth be admitted as
evidence, Trend
reports.


This is codified in the Law “On Amendments to the Criminal Code
of the Republic of Azerbaijan and the Criminal Procedure Code of
the Republic of Azerbaijan,” approved by President Ilham
Aliyev.


Under the amendments, electronic data that helps establish
circumstances relevant to criminal prosecution, including
subscriber information, traffic data, or content data, may be
recognized as evidence in electronic form by the authority
conducting the criminal proceedings, in accordance with the
requirements of the Criminal Procedure Code.


Electronic data obtained in compliance with criminal procedure
legislation may be admitted as evidence. Such evidence, along with
the media on which it is stored (except when transferred for
protection under the Criminal Procedure Code), will be incorporated
into the case files and preserved throughout the storage
period.


Electronic evidence and its storage media must be safeguarded to
ensure integrity and security. When the legal owner requests access
for accounting, reporting, or other lawful purposes, they may
temporarily use the evidence or create copies.


After one year from the finalization of a court verdict, or
following a decision to terminate criminal prosecution, electronic
evidence or its storage media may be returned to the legal owner.
Investigators, prosecutors, or courts must copy, verify, and retain
the authenticity of the returned evidence in the case files.


To prevent loss or alteration, electronic data critical to
criminal prosecution stored in information and communication
technology systems, including service provider records, may be
protected using encryption or other technical measures aligned with
international security standards, based on the decision of the
prosecuting authority. This decision will specify the scope,
content, duration, conditions, responsible parties, and other
relevant details. The measures may be implemented by the data
holders or other designated persons.


In cases where technical safeguards are not sufficient to
prevent data loss or alteration, the relevant authority may direct
data holders (whether individuals, entities, or officials) to take
reasonable precautions to preserve the data's security for a
maximum of 90 days, or until the criminal prosecution is concluded.
The decision will detail the data to be protected, duration,
conditions, responsible parties, and other essential aspects.


Individuals responsible for the protection of digital evidence
are required to uphold rigorous confidentiality standards.


The head of state has signed a decree to implement the provisions of this law.


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