Cyber Law at Mozambique
Mozambique has been actively developing its legal and institutional frameworks to address cybercrime and cybersecurity challenges.
🛡️ Cybercrime Legislation
Mozambique's legal framework includes several key laws.
Penal Code (Law No. 24/2019):Articles 336 to 339 address computer-related offenses, including computer fraud, data interference, systems interference, and misuse of devices. Penalties range from 1 to 8 years of imprisonment, depending on the offense and its severity.
Code of Criminal Procedure (Law No. 25/2019):Provides general provisions on production orders, search and seizure, and other powers, though not specific to cybercrime and electronic evidence.
Law on International Legal and Judicial Cooperation in Criminal Matters (Law No. 21/2019):Sets out general principles on extradition, mutual assistance, and other measures, but does not provide for the specific measures of the Budapest Convention, In 2023, the government established a task force to work on legislative amendments in cooperation with the Council of Europe under the GLACY+ project
🌐 International Cooperation and Accession to the Budapest Convention
Mozambique has been invited to accede to the Convention on Cybercrime (Budapest Convention), an international treaty addressing issues related to cybercrime and cybersecurit. This invitation, valid for five years from its adoption in February 2024, reflects Mozambique's commitment to strengthening its capacity to combat cybercrime and enhance international cooperatio. The Council of Europe has expressed willingness to collaborate further with Mozambique in the cybercrime sector, emphasizing the importance of this partnership in addressing digital challenge.
📊 *Cybercrime Statistics
In the first half of 2023, the Public Prosecutor’s Office in Mozambique registered 367 cybercrime cases, a slight decrease from 393 cases in the same period. The majority of these cases involved fraud in electronic payment instruments and channels, as well as computer and communications fraud.
🎓 *Capacity Building and Training
Mozambique has engaged in regional cooperation with the Southern African Development Community (SADC) to strengthen its capacity to detect and investigate cybercrime. Training sessions have been conducted for magistrates and investigators, focusing on the legal framework for cybercrime and the handling of electronic evidence.
🛠️ Proposed Cybersecurity Law
The Mozambican government has proposed a Cybersecurity Law to establish a comprehensive legal framework for digital security. Contributions to the draft law have been submitted, addressing principles guiding its application, harmonization with international standards, obligations for government sectors vulnerable to cybercrime, data retention requirements, and mechanisms for reporting security incidents.
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