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Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Invited to accede See legal profile

Cybercrime policies/strategies

At the end of 2016, the government of Benin presented its Governmental Action Plan, Le Programme d’actions du gouvernement (PAG), called Bénin révélé, which sets goals for the period 2016-2021. The plan is a series of programmes and actions to boost the national economy, to attract investors and to create more than half a million jobs, also by establishing a dynamic digital market. To achieve this, the government’s objective is to make the Internet accessible in 80% of the country by 2021.

Since May 6, 2020, the Beninese government has officially approved the national digital security strategy and its 2020-2022 action plan. The vision of this strategy is to create a secure and attractive cyberspace for a thriving digital economy. It notably includes as action on its axis "National coordination and international cooperation" the accession of Benin to the Budapest Convention. It should also be noted that it contains an axis dedicated to "The fight against cybercrime and the strengthening of the legal and regulatory framework".

The development of measures to be taken in the fight against cybercrime was defined as a priority area at events such as the West Africa Internet Governance Forum (of which Benin is a member) or the National Benin IGF.

Cybercrime legislation

State of cybercrime legislation

The Code du Numérique (CdN), or Loi no 2017-20 du 20 avril 2018 portant code du numérique en République du Bénin, represents a comprehensive set of rules on digital matters, ranging from networks and electronic communications, e-commerce, electronic signature, dispute resolution, rights and obligations of service providers, protection of customers, the protection of personal data, cybersecurity, and a detailed chapter on cybercrime and electronic evidence. Livre Sixième is pertaining to cybercrime and cybersecurity.

It comes to reinforce existing legislation, such as the Penal Code and other related laws.

Substantive law

The chapter on cybercrime is based primarily on the Budapest Convention on Cybercrime, its Protocol on Xenophobia and Racism but also the Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.

Thus, in terms of substantive law, all the types of offences covered by the Budapest Convention are included in the CdN (Articles 507-518 and others).

With Articles 552 and 556 CdN, provisions are available that cover the conduct to be criminalized under the Protocol on Xenophobia and Racism committed via computer systems (ETS 189).

Articles 519 to 522 CdN cover offences of the Lanzarote Convention such as grooming of children, corruption of minors and prostitution of minors via computer systems. Additional provisions cover forms of cyberviolence such as rape (Article 523) and prostitution of vulnerable persons (Article 525) facilitated by computer systems.

Procedural law

The provisions on cybercrime and procedural powers regarding electronic evidence indicate a high level of compliance with the Budapest Convention, including in terms of the scope of procedural powers (Article 492 CdN corresponds to Article 14 Budapest Convention). Article 577 CdN makes electronic evidence admissible in criminal proceedings.

Safeguards

The Code du Numérique contains a provision similar to Article 15 Budapest Convention in Article 493 : Garantie des droits fondamentaux et des libertés.

Procedural powers are to be applied under the supervision of an investigative judge and the interception of communications can only be applied for offences carrying a penalty of two years or more.

Related laws and regulations

  • Anti-corrption law – Loi n°2011-20 d 12 octobre 2011 portant lutte contre la corruption et autres infractions connexes
  • Data protection law – Loi n°2009-9 d 22 Mai 2009 portant protection des données à caractère personnel
  • Anti-money landering and financing of terrorism law – Loi n° 2018-17 d 25 juillet 2018 relative à la lutte contre le blanchiment de capitaux et le financement du terrorisme en République du Bénin
  • Copyright law – Loi n°2005-30 d 10 avril 2006 relative à la protection des droits d’auteurs et des droits voisins

Specialised institutions

Benin has established specialised bodies for matters of cybercrime and electronic evidence:

  • A “Special Prosecutor” (Procureur Spécial) at the Cour de Repression des Infractions Economiques et du Terrorisme (CRIET) is responsible for all cases of cybercrime involving economic benefits, which is the case for most types of cybercrime in Benin at present.
  • The Office Central de Répression de la Cybercriminalité (OCRC) under the Ministry of Interior and Public Security is responsible at the national level for coordinating investigations of all types of cybercrime and for providing technical support to other units if necessary.

Moreover, a Computer Security Incident Response Team (CSIRT) was established in 2017, that is, the bjCSIRT. The bjCSIRT is part of the Agence nationale de la Sécurité des Systèmes d’Information (ANSSI).

International cooperation

Competent authorities and channels

The OCRC serves as the contact point for international cooperation (Article 613 CdN).

Practical guides, templates and best practices

West African Network of Central Authorities and Prosecutors against Organized Crime (WACAP) [of which Benin is a member] – Basic tips for investigators and prosecutors requesting electronic/digital data/evidence from foreign jurisdictions

Jurisprudence/case law

Sources and links

Laws

Institutions

Others

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These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 

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