Page 53 communication facility, the investigating jurisdiction or the judge handling the case gives a ruling imposing additional punishment. Article III – 34: Each Member State of the African Union shall take the measures required to set up as a penal offense, the violation of the aforementioned prohibitions pronounced by the judge. Article III – 35: Each Member State of the African Union shall take the measures required to ensure that, in the event of conviction for an offense committed by means of digital communication facility, the judge handling the case makes a further binding ruling for the dissemination of the decision by extract and via the same facility at the expense of the convicted person, in accordance with the modalities prescribed in the legislations of Member States. Section III: Procedural law Article III – 36: Each Member State of the African Union shall take the measures required to ensure that where the data held in a computer system or in a facility that allows for the conservation of computerized data in the territory of a Member State, are useful in revealing the truth, the investigating judge can conduct a search or access a computer system or part of the system or any other computer system where the said data are accessible from the original system or available to the initial system. Article III – 37: Each Member State of the African Union shall take the measures required to ensure that where an investigating judge discovers that the data held in a computer system are useful for revelation of the truth, but that seizure of the facility does not seem appropriate, the said data as well as all such data as are required to unravel the case, shall be copied into a computer storage facility that can be seized and sealed off, in accordance with the modalities defined in the legislations of Member States. AU Draft0 010111