The process of collecting electronic evidence is fully integrated into a legal framework, and the procedure for conducting pre-trial proceedings and court proceedings electronically is determined.
Modern.az reports that the issue is reflected in the draft law “On Amendments to the Criminal Code of the Republic of Azerbaijan and the Code of Criminal Procedure of the Republic of Azerbaijan” which was discussed at today's plenary session of the Milli Majlis.
It was noted that the rapid development of digital technologies in the modern era has posed new challenges for criminal justice proceedings. Classical criminal procedural mechanisms can no longer ensure sufficient effectiveness in detecting crimes committed and concealed using information and communication tools. The existence of gaps in the current legislation regarding the recognition of electronic evidence as an independent type of evidence, and the mechanisms for its collection, storage, and preservation of integrity, has necessitated the improvement of the legal basis for criminal prosecution conducted in a digital environment.
Furthermore, the "United Nations Convention on Strengthening International Cooperation in Combating Certain Crimes Committed Through the Use of Information and Communication Technology Systems and in the Exchange of Evidence Related to Serious Crimes in Electronic Form" received by the Milli Majlis, was signed on behalf of our country in Hanoi on October 25, 2025, with relevant declarations and reservations. After the UN Convention is ratified by our country, the necessity to ensure the fulfillment of these obligations will arise.
The main objective of the draft law is to respond to new challenges in the fight against cybercrime, eliminate existing gaps in legislation, and fully integrate the requirements of international agreements in the relevant field into the domestic legal system. Such a regulation will enable a more effective fight against cybercrime at both national and international levels.
In the draft law, outdated expressions are replaced with modern terms in accordance with technological progress. Thus, in accordance with the requirements of the Convention, the phrase "computer system" in the legislation is replaced with "ICT system", and "computer data" with "electronic data". This ensures that all modern tools, from smartphones to cloud infrastructure, are included in the scope of legal regulation. At the same time, new legal concepts such as "traffic data", "subscriber data", "content data", and "service provider" are introduced into the legislation.
The amendments to the Code of Criminal Procedure fully integrate the process of collecting electronic evidence into a legal framework. This includes determining the rules for obtaining, protecting, and procedurally formalizing electronic data, as well as clarifying the legal bases and limits of inspection, search, and seizure measures for ICT systems. These changes will serve to increase the reliability, admissibility, and transparency of the evaluation of electronic evidence in court.
Furthermore, according to the draft, new articles such as "Conducting Pre-trial Proceedings Electronically" and "Conducting Court Proceedings Electronically" are introduced into the CCP, providing for detailed regulation of these matters. The text of the currently existing article titled "Conducting Criminal Justice Proceedings Electronically" has been expanded and presented in a new version. Additionally, a mechanism for document circulation between the court and the prosecutor's office through the "Electronic Court" and "Electronic Prosecutor's Office" systems, using an enhanced electronic signature, is established.
Such precise and systematic implementation of norms arising from international conventions into national legislation will enhance our country's position in cybersecurity ratings and make cooperation with international partners in combating transnational crime more effective.
During the preparation of the draft, the legislative practices of countries such as Germany, the USA, Turkey, Great Britain, the Netherlands, and Uzbekistan were closely studied. In these countries, the formation of electronic evidence as a separate legal institution has significantly increased the effectiveness of investigations and the transparency of judicial proceedings.
The law was adopted in the first reading.
