Crime
Cybercrime
Convention on Cybercrime (“Budapest Convention”)
The Convention on Cybercrime was adopted by the Committee of Ministers of the Council of Europe on November 8, 2001 and entered into force on July 1, 2004.
This Convention aims at the protection of society against cybercrime and provides for the criminalization of certain acts such as illegal access to a computer system, the establishment of criminal procedures for the expedited preservation of stored computer data, international co-operation including extradition, etc.
Japan deposited its instrument of acceptance of the Convention with the Secretary General of the Council of Europe (Strasbourg) on July 3, 2012, and the Convention entered into force for Japan on November 1, 2012.
Second Additional Protocol to the Convention on Cybercrime
The “Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence” was adopted by the Committee of Ministers of the Council of Europe on November 17, 2021.
Japan deposited its instrument of acceptance of the Protocol with the Secretary General of the Council of Europe (Strasbourg) on August 10, 2023.
The Protocol enters into force on the first day of the month following the expiration of a period of three months after the date on which five Parties to the Convention have expressed their consent to be bound by this Protocol. As of January 2025, only two countries, including Japan, have expressed their consent to be bound by the Protocol, which has not yet entered into force.
United Nations Convention against Cybercrime
The reconvened concluding session of the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes, approved the draft convention by consensus on August 8, 2024, and the General Assembly of the United Nations adopted the convention by consensus on December 24, 2024. This Convention will enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession (As of January 2025, it has not yet entered into force).
The convention mainly stipulates, (1) criminalization and establishment of Jurisdiction for certain acts related to information and communication technology systems or electronic data, (2) establishment of procedural measures including the expedited preservation, search, and seizure of electronic data, (3) international cooperation including mutual legal assistance for extradition and collection of electronic evidence, and (4) technical assistance to developing countries.
