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Based on the report by Council of Europe entitled “Cybercrime Training for Judges and Prosecutors: A Concept”, explain the importance of judges and prosecutors in equipping themselves with basic understanding of cybercrime and electronic evidence, especially in dealing with jurisdiction and territorial issues.
Given the reliance of societies worldwide on information and communication technologies, judges and prosecutors must be prepared to deal with cybercrime and electronic evidence. While in many countries, law enforcement authorities have been able to strengthen their capacities to investigate cybercrime and secure electronic evidence, this seems to have been less the case for judges and prosecutors. Experience suggests that in most cases, judges and prosecutors encounter difficulties in coping with the new realities of the cyber world. Particular efforts are therefore required to enable judges and prosecutors to prosecute and adjudicate cybercrime and make use of electronic evidence through training, networking and specialisation.
Current initial and in-service training generally does not provide judges and prosecutors with the level of knowledge required to deal with cybercrime and electronic evidence. The present concept - “Cybercrime training for judges and prosecutors: a concept” by Council of Europe is to support such efforts. It has been developed by the Council of Europe’s Project on Cybercrime and the Lisbon Network of judicial training institutions in cooperation with a multi-stakeholder working group in the course of 2009.
• To enable training institutes to deliver initial and in-service cybercrime training based on international standards
• To equip the largest possible number of future and practicing judges and prosecutors with basic knowledge on cybercrime and electronic evidence
• To provide advanced training to a critical number of judges and prosecutors
• To support the continued specialisation and technical training of judges and prosecutors
• To contribute to enhanced knowledge through networking among judges and prosecutors
• To facilitate access to different training initiatives and networks.
Offer at least one basic level module on cybercrime and
electronic evidence
Replicated at a broad scale
in a cost-effective manner
Available to training institutions in a cost effective manner / available online for judges and prosecutors
Coordinate their work with each other with the support of the Council of Europe.
Provide a foundation, peer-to peer interaction, networking among judges and prosecutors, networking with a range of other stakeholders
Contributes expertise and other support to
law enforcement training initiatives
• Computers and networks: how do they work, basic notions of the functioning of the internet, role of service providers, particular challenges to judges and prosecutors
• Cybercrime: how information and communication technologies are used to commit crime
• Cybercrime legislation: domestic legislation (including case law) and international standards
• Jurisdiction and territorial competencies
• Electronic evidence: technical procedures and legal considerations.
Computers and networks
Cybercrime
• Glossary of computer and cybercrime terms
• Functioning of the internet
• Protocols and technology
• Role of service providers
• Trends in cybercrime
• Typologies: Particular types and techniques of cybercrime (eg phishing, botnets and other malware, child pornography)
• Practical examples and simulations
Cybercrime legislation
Investigation and electronic evidence
• Domestic legislation and case law
• International cooperation: international and bilateral agreements, judicial cooperation channels and practical means for expedited cooperation
• Jurisdiction and territorial competencies
• Procedural law provisions and their practical application
• Steps to search, seize and preserve electronic evidence
• Features of forensic software
• Identifying suspects
• Following criminal money
• Safeguards and conditions
• Presenting electronic evidence in court
• In the Netherlands, although in-service training is optional, every judge is obliged to spend a specific number of educational hours per year. Each judge can decide which course(s) to follow. SSR, post-graduate education facilities and several institutions offer in-service training on cybercrime and electronic evidence covering both basic and advanced levels. The SSR offers every year three basic and three in-depth courses and one masterclass. Trainers are cybercrime specialists from the national prosecution service as well as experts from private companies and industry. However, the SSR also offers a wide range of other training courses and covering both legal and practical aspects (totalling around 400 courses). Thus, cybercrime training must compete with all these courses.
• In the Netherlands, initial training contains a basic one-day course on cybercrime which is taught by the Education Institution for Prosecutor and Judges (SSR) in Utrecht or Zutphen and includes a reader and other background information. The course involves interactive seminars and case studies. In addition to this basic one-day course and in-depth four-day training, a two-day masterclass is offered.
• In “the former Yugoslav Republic of Macedonia” no in-service training is offered.
• In “the former Yugoslav Republic of Macedonia”, the Training Academy for Judges and Prosecutors provides initial training on cybercrime and electronic evidence as part of the training on criminal law, IT and searches. Ten hours are foreseen for cybercrime and electronic evidence.
• In Portugal, the in-service training on cybercrime is provided by the Center for Judiciary Studies that organizes around 30 events per year. Two of them are regularly on basic cybercrime matters. Sometimes there are other seminars on related matters, such as copyright online or technology and the courts. The trainers are judges and prosecutors, lawyers, police officers and experts from public and private sectors. The seminars are well received having a large number of participants (mostly prosecutors, but also lawyers and judges from criminal courts).
• In Portugal, cybercrime is not a specific and autonomous subject part of the curricula. However, within the area of criminal investigation there is a specific seminar (one and half hour of training time) on cybercrime and digital evidence. During the training on criminal law and criminal procedural law, 9 hours are dedicated to computer crimes and procedural measures for obtaining digital evidence and 9 hours to ICT.
“Initial training” means the training that candidates:
Information available suggests:
In-service training, that is, continued professional training of serving judges and prosecutors, is offered either by public judicial training institutions but may also be provided by a range of other organizations.
Information available suggests the following:
1. Develop modules for basic and advanced training on cybercrime and electronic evidence
2. Train trainers
3. Deliver pilot training
4. Institutionalize: integrate such training in the regular curriculum of judicial training institutions
5. Establish center for judicial training to network and update materials
Forty-four of the forty-seven member States of the Council of Europe are represented within the Lisbon Network. The Lisbon Network's members are relevant national institutions in charge of the initial and continuous training of judges and prosecutors. They can also be, depending on the cases, Schools of Magistrature, Centres for Legal training or magistrates' training units within the Ministries for Justice.