In the framework of these investigations and contradictory to article 85 (power of
judicial police officials in flagrant offence investigation), article 91 (searching),
article 94 (subpoena in the case of flagrant offence investigation) and the article 114
(subpoena for preliminary investigation) of the code of criminal procedure, the
Secretary General of National Anti-Cybercrime Committee or officially assigned
representative has the duty to lead, coordinate and control the mission of those
officials instead of the role of prosecutor to the point of arresting a suspect.
After the arrest, prosecutor exercises his power as stated in the code of criminal
procedure.
At the end of each investigation, the National Anti-Cybercrime Committee shall
submit all facts to the prosecutor for further action in conformity with the provisions
of the code of criminal procedures.
Article 17: Preservation of Computer Data and Traffic Data
1. In urgent and dully justified cases, if there are data or substantiated indications
regarding the preparation of or the performance of a criminal offence by means of
computer systems, for the purpose of gathering evidence or identifying the doers, the
expeditious preservation of the computer data or the data referring to data traffic,
subject to the danger of destruction or alteration, can be ordered.
2. During the criminal investigation, the preservation is ordered by the prosecutor
through a motivated ordinance, at the request of the criminal investigation body or exofficio, and during the trial, by the court order.
3. The measure referred to at paragraph (1) is ordered over a period not longer than
90 days and can be exceeded, only once, by a period not longer than 30 days.
4. The prosecutor’s ordinance or the court order is sent, immediately, to any service
provider or any other person possessing the data referred to at paragraph (1), the
respective person being obliged to expeditiously preserve them under confidentiality
conditions.
5. In case the data referring to the traffic data is under the possession of several
service providers, the service provider referred to at paragraph (4) has the obligation
to immediately make available for the criminal investigation body or the court the
information necessary to identify the other service providers in order to know all the
elements in the communication chain used.
6. Until the end of the criminal investigation, the prosecutor is obliged to advise, in
writing, the persons that are under criminal investigation and the data of whom were
preserved.
Article 18: Copying Data
1. Within the term provided for at art. 17 paragraph (3), the prosecutor, on the basis of
the motivated authorisation of the prosecutor specially assigned by the general
prosecutor of the office related to the Court of Appeal or, as appropriate, by the
general prosecutor of the office related to the Supreme Court, or the court orders on
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