Article 14 Scope of procedural provisions

Geldend

Documentgegevens:

Geldend vanaf 01-07-2004

Bronpublicatie:: 23-11-2001, Trb. 2004, 18 (uitgifte: 30-11-2004, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-07-2004
Bronpublicatie inwerkingtreding:: 30-11-2004, Trb. 2004, 290 (uitgifte: 30-11-2004, kamerstukken/regelingnummer: -)
Vakgebied(en): Informatierecht / ICT
Internationaal strafrecht / Internationale misdrijven
Internationaal strafrecht / Justitiële en politionele samenwerking

1.

Each Party shall adopt such legislative and other measures as may be necessary 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 offences established in accordance with Articles 2 through 11 of this Convention;
b): other criminal offences committed by means of a computer system; and
c): the collection of evidence in electronic form of a criminal offence.

3

a)

Each Party may reserve the right to apply the measures referred to in Article 20 only to offences or categories of offences specified in the reservation, provided that the range of such offences or categories of offences is not more restricted than the range of offences to which it applies the measures referred to in Article 21. Each Party shall consider restricting such a reservation to enable the broadest 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 measures referred to in 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, whether public or private,

that Party may reserve the right not to apply these measures to such communications. Each Party shall consider restricting such a reservation to enable the broadest application of the measures referred to in Articles 20 and 21.