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3.
(a)
Each State Party may make a reservation that it retains the right to
apply the measures referred to in Article 27 of this Convention only to criminal
offences or categories of criminal offences specified in the reservation, provided
that the range of such criminal offences or categories of criminal offences is not
more restricted than the range of criminal offences to which it applies the
measures referred to in the provision of Article 28 of this Convention. Each
State Party shall consider restricting the application of such a reservation to
enable the broadest application of the measures provided for by the provision of
Article 27 of this Convention;
(b)
If a State Party, due to limitations in its domestic legislation in
force at the time of the adoption of this Convention, is not able to apply the
measures referred to in Articles 27 and 28 of this Convention to the data being
transmitted within an information system of a service provider, this system:
-
is being operated for the benefit of a closed group of users;
-
does not employ information and telecommunications network and
is not connected with other information systems, that State Party may reserve
the right not to apply the said measures to such data transmission. Each State
Party shall consider restricting the scope of such a reservation to enable the
broadest application of the measures provided for in the provisions of Articles
27 and 28 of this Convention.
4. This Convention is not applicable in cases when a crime is committed
in one state, the alleged criminal is a citizen of this state and is present in the
territory of this state, and no other states has any grounds to exercise their
jurisdiction, in accordance with the provisions of this Convention.
Article 22. Conditions and safeguards
1.
Each State Party shall ensure that the establishment, implementation and
application of the powers and procedures provided for in this Section are subject
to conditions and safeguards provided for under its domestic legislation, which
shall ensure the adequate protection of human rights and liberties, including