Octopus Cybercrime Community

Substantive law

Chapter 33 of the Criminal Code includes the following offences in the sphere of informatics and communications:

Article 333 - Illegal access to information, information system or information and telecommunications network;

Article 334 - Illegal destruction of information or modification of its format;

Article 3341 - Hindering the normal functioning of the information system and information and telecommunications network;

Article 3342 - Illegal appropriation of information;

Article 3343 - Dissemination of knowingly false information;

Article 3350 - Creation, use and distribution of malicious programs;

Article 3351 - Illegal distribution of electronic information sources of restricted permission;

Article 3352 - Provision of services for placing of online resources with illegal purposes;

Article 3353 - Illegal change of mobile subscriber identification number of device, subscriber identification device, as well as creation, use, distribution of programs for change of subscriber identification number of device.

In addition, the Criminal Code also includes the following offences:

Article 153 - Violation of copyright and related rights, rights of a patent holder;

Article 164 - Production or distribution of pornographic items;

Article 187 - Forgery by an official;

Article 218 - Forgery, production or sale of forged documents, stamps, seals, forms, or the or the use of a forged document;

Article 228 - Fraud.

The Criminal Procedure Code provides for the following procedural powers:

Articles 270, 273 - Search of premises;

Article 271, 273, 276 - Seizure of objects and documents;

Article 282 - Interception of messages (transmitted by telephone, radio, other technical means, including using computer technology and e-mail);

Article 283 - Interception and recording of telephone and other communications (including using computer technology and e-mail).

The Constitution guarantees a series of human rights and fundamental freedoms, among which:

Article 37 - right to privacy (personal and family secrets and their protection from arbitrary interference in their privacy, as well as infringement of the rules of secrecy of correspondence, telephone and other means of communication).

Article 38 states that “collection, storage and dissemination of information about private life of an individual without his consent shall not be permitted”.

Article 42 - freedom of expression.

These shall be inviolable and inalienable and may be restricted only in accordance with the Constitution and laws.

The Criminal Procedure Code (CPC), which regulates procedural measures, provides for some safeguards. However, interception of communications provided in Article 282 and 283 of the CPC is sanctioned by the prosecutor and not a judge.

• Constitution
• Law on Electronic Document No. 54-II of 19 December 2000;
• Law on Communications No. 93-IV of 12 March 2010;
• Law on Personal Data Protection No. 519-V of 20 March 2017.

International cooperation in criminal matters is foreseen by Chapter 52 of the Criminal Procedure Code.

Competent authorities and channels:

According to Article 5542-553 of the CPC in the framework of legal assistance to investigative authorities and courts of foreign States with which Turkmenistan concluded international cooperation agreements, procedural actions may be undertaken as provided in the CPC as well as other actions provided by other laws or treaties concluded by Turkmenistan.

Expenses related to legal assistance shall be borne by the requested institution in the territory of the State concerned, unless otherwise provided by the international treaty concluded by Turkmenistan.

Requests for legal assistance in conducting investigative actions shall be transmitted to the States concerned by the General Prosecutor’s Office of Turkmenistan, or in the case of judicial assistance by the Supreme Court of Turkmenistan, through the Ministry of Justice of Turkmenistan. Such requests shall be drafted either in the language of the requested foreign State or in English, unless otherwise stipulated by international treaties concluded by Turkmenistan.

Requests for legal assistance with executing procedural and other actions in the territory of the other State shall be made in writing on the appropriate form by persons conducting initial inquiries, investigators, prosecutors or judges; such requests shall be signed and certified with the official stamp of the authority conducting the criminal case.

Requests to conduct investigative and judicial actions must contain:

1. The name of the requesting authority;

2. The name and address of the requested authority;

3. The title of the case and the nature of the request;

4. Details of the persons to whom the request relates: their date and place of birth, their nationality, occupation, place of residence or abode and, in the case of legal entities, their name and location;

5. A description of the circumstances to be clarified and a list of the requested documents and material or other evidence;

6. Information about the factual circumstances and the classification of the offence committed, the text of the relevant article of the Turkmenistan Criminal Code and, where appropriate, details about the level of harm caused by the offence;

7. Any other information required to execute the request.  

Authorities conducting initial inquiries, investigators, prosecutors and judges shall execute properly requests from authorities and officials of foreign States to open investigative or judicial proceedings in accordance with the CPC. If the execution of a request does not fall within the competence of the requested authority, the request shall be returned as appropriate and the requesting organization shall be notified thereof. If the request cannot be executed, the documents received shall be returned, together with an explanation as to why the request could not be executed, either through the receiving authority or through diplomatic channels to the requesting authority of the foreign State. Requests shall be returned without being executed in cases where they contravene Turkmen law or where executing the request might prejudice the sovereignty, national independence, policies and principles of permanent neutrality or security of Turkmenistan.