5
1.
This Convention shall apply, in accordance with its provisions, to the
prevention, investigation and prosecution of the offences and other unlawful
acts established in accordance with Articles 6-17 of this Convention as well as
implementation of measures to detect, deter and eliminate the consequences of
such acts, including suspension of operations related to assets as a result of
committing any offence and other unlawful acts established under this
Convention, seizure, confiscation and return of the proceeds from such crimes.
2.
For the purposes of implementing this Convention, it shall not be
necessary, except as otherwise stated herein, for the offences and other unlawful
acts set forth in it to result in damage.
Article 3. Protection of sovereignty
1.
The States Parties shall carry out their obligations under this Convention
in accordance with the principles of state sovereignty, sovereign equality of
States and non-intervention in the domestic affairs of other States.
2.
This Convention shall not entitle a State Party to exercise in the territory
of another State the jurisdiction and functions that are reserved exclusively for
the authorities of that other State in accordance with its domestic law.
Article 4. Terms and definitions
For the purposes of this Convention:
"Seizure of property" shall mean temporary prohibition of transfer,
conversion, disposition or movement of property or temporary assumption of
custody or control of property on the basis of an order issued by a court or other
competent authority;
"Botnet" shall mean two or more ICT devices with malicious software
downloaded which is managed centrally and without users’ knowledge;
"Malicious software" shall mean software which is objectively
characterized by unauthorized modification, destruction, copying, information
denial, or neutralization of software used to secure information;