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REPUBLIC OF NIGER Law n ° 
Fraternity- Work-Progress 
NATIONAL ASSEMBLY 
of 
cracking down on cybercrime 
in Niger 
Considering the Constitution of November 25, 2010; 
Having regard to Directive C / DIR / 1/08/11, relating to the fight against cybercrime in space 
of the Economic Community of West African States (ECOWAS) of 
August 19, 2011; 
Having regard to the Council of Europe Convention of 23 November 2001 on cybercrime 
; 
Considering the law n ° 61-27 of July 15, 1961, establishing the penal code and its texts 
subsequent changes; 
Having regard to Law No. 61-33 of August 14, 1961, establishing the Code of Criminal Procedure 
and its subsequent amending texts ; 
Considering the uniform law n ° 2008-48 of September 3, 2008 of the UEMOA relating to the 
repression of offenses relating to checks, bank cards and other 
electronic payment instruments and methods ; 
Considering the additional act A / SA.2 / 01/11 of February 16, 2010 relating to the protection of 
personal data. 
THE NATIONAL ASSEMBLY HAS DELIBERATED AND ADOPTED, IN ITS PLENARY MEETING 
FROM MONDAY 25 JUNE 2019, THE LAW WHICH FOLLOWS: 
TITLE I: INCRIMINATIONS AND PENALTIES 
Chapter 1 - General provisions 
Article 1: Definitions 
For the purposes of this law, the following terms are understood to mean: 
"Cybercrime": all criminal offenses committed by means of 
or on a telecommunications network or an information system; 
"Electronic evidence": Any written document in electronic form, admitted into evidence at the same 
as the written document on paper and having the same probative force as it, under 
reserve that the person from whom it emanates can be duly identified and that it is established and 
kept in conditions such as to guarantee its integrity and sustainability; 
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"Computer system": any isolated device or set of devices 
interconnected or related, which provides or of which one or more elements ensure in 
program execution, automated data processing. 
“Electronic communication” : any transmission, broadcast or 
reception of signs, signals, writings, images, sounds, data or 
information of any kind by copper cable, optical fibers, radioelectricity or 
other electromagnetic systems. 
"Computer data": any representation of facts, information or 
concepts in a form suitable for computer processing, including a 
program that causes a computer system to perform a function. 
"Subscriber data": any information, contained in the form of 
computer data or in any other form, held by a service provider 
and which relates to the subscribers of its services, other than data relating to the 
traffic or content, and making it possible to establish: 
- the type of communication service used, the technical measures taken to 
this regard and period of service; 
- the identity, postal or geographic address and telephone number of 
the subscriber, and any other access number, data concerning billing and 
payment, available on the basis of a contract or service arrangement; 
- any other information relating to the location of the safety equipment 
communication, available on the basis of a contract or arrangement of 
service. 
"Traffic data " : all data relating to a communication 
passing through a computer system, produced by the latter as part of the 
communication channel, indicating the origin, destination, route, time, date, 
size and duration of communication or type of underlying service. 
"Service provider" : any public or private entity that offers users of 
its services the possibility of communicating by means of a computer system; 
Any other entity processing or storing computer data for this service of 
communication or its users. 
"Information and communication technologies (ICT)" : the technologies 
employed to collect, store, use and transmit information as well as 
those which involve the use of computers or any communication system 
including telecommunications. 
"Child pornography " : any pornographic material, whatever the medium, 
in particular visual or sound, representing: 
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- a minor engaging in sexually explicit behavior; 
- a person who appears to be a minor engaging in behavior 
sexually explicit; 
- realistic images of a minor engaging in behavior 
sexually explicit. 
“Minor” : any person under the age of 18. 
However, the definitions of national legal instruments, of ECOWAS, of the Union 
African Union or the International Telecommunication Union prevail for the terms 
not defined by this law. 
Article 2: object and scope 
The purpose of this law is to lay down the rules applicable to cybercrime or to any 
another unlawful act committed by means of a computer system. As such, it provides for the 
information and communication technology offenses and procedures 
communication, while respecting individual rights and freedoms. 
Chapter II: incriminations and sanctions 
Section 1: Offenses specific to information and communication technologies 
communication 
Paragraph 1: Offenses relating to computer systems 
Article 3: Illegal access 
Is punished with a prison term of one (1) to three (3) years and a fine of five 
one hundred thousand (500,000) to one million (1,000,000) CFA francs, whoever accesses, 
intentionally and without right, to all or part of a computer system. 
When this results in either deletion, modification or alteration of data 
information contained in the system, i.e. an alteration in the functioning of this 
system, the imprisonment is three (3) to five (5) years and the fine of two million 
(2,000,000) to five million (5,000,000) CFA francs. 
Article 4: Fraudulent maintenance 
Is punished with a prison term of one (1) to three (3) years and a fine of five 
one hundred thousand (500,000) to one million (1,000,000) CFA francs, whoever maintains their position, 
intentionally and without rights, in all or part of a computer system. 
When this results in either deletion, modification or alteration of data 
contained in the computer system, i.e. an alteration in the functioning of this 
system, the imprisonment is three (3) to five (5) years and the fine of two million 
(2,000,000) to five million (5,000,000) CFA francs. 
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Article 5: Obstruction and action to distort the functioning of the computer system 
Is punished with a prison term of two (2) to five (5) years and a fine of 
five million (5,000,000) to twenty million (20,000,000) CFA francs, whoever hinders, 
intentionally and without right, the functioning of a computer system, for 
introduction, transmission, damage, erasure, deterioration, 
alteration and deletion of computer data. 
Anyone who distorts the functioning of a system is punished with the same penalties. 
computer science. 
Article 6: Fraudulent introduction of computer data into a system 
computer science 
Is punished with a prison term of two (2) to five (5) years and a fine of 
five million (5,000,000) to twenty million (20,000,000) CFA francs, anyone 
intentionally and unlawfully introduces computer data into a system 
computer science. 
Paragraph 2: Offenses relating to computer data 
Article 7: Illegal interception 
Is punished with a prison term of two (2) to five (5) years and a fine of 
one million (1,000,000) to five million (5,000,000) CFA francs, anyone who intercepts, 
intentionally and without right, by technical means, computer data, 
during non-public transmissions, to, from or within a 
computer system, including electromagnetic emissions from a 
computer system carrying such computer data. 
Article 8: Breach of data integrity 
Is punished with a prison term of two (2) to five (5) years and a fine of 
five million (5,000,000) to twenty million (20,000,000) CFA francs, anyone 
damages, erases, deteriorates, alters, modifies or removes, intentionally and without 
law, computer data. 
Paragraph 3: Computer offenses 
Article 9: Computer forgery 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to twenty million (20,000,000) CFA francs, 
anyone who introduces, alters, modifies, erases or removes, intentionally and without right, 
computer data, generating inauthentic data, with the intention 
whether they are taken into account or used for legal purposes as if they were 
authentic, whether or not they are directly readable and intelligible. 
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Article 10: Use of falsified data 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to twenty million (20,000,000) CFA francs, 
anyone who intentionally and without right makes use of the data obtained in the 
conditions provided for in article 9 of this law. 
Article 11: Computer fraud 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to twenty million (20,000,000) CFA francs, 
anyone who intentionally and without right causes financial damage to others by 
the introduction, alteration, modification, erasure or deletion of data 
IT systems or by any form of interference with the operation of a system 
computer, with the fraudulent or criminal intention, to obtain a profit without right 
economical for oneself or for others. 
Paragraph 4: Other abuses 
Article 12: Abuse of devices 
The penalties applicable to the offenses provided for in Articles 3 to 8 of this Law are 
incurred by, anyone who produces, sells, obtains for use, imports, distributes or makes available 
provision, intentionally and without right, in any form whatsoever: 
- a device, including a computer program, primarily designed or 
adapted to allow the commission of one of these offenses; 
- a password, an access code or similar computer data 
allowing access to all or part of a computer system, with the intention 
whether they are used to commit any of these offenses. 
The same penalties apply to anyone who has, intentionally and without right, 
a device, password, access code or similar computer data 
allowing access to all or part of a computer system in order to commit 
one or the other of the offenses referred to in articles 3 to 8 of this law. 
The offenses provided for in this article are not established when the production, 
selling, obtaining for use, importing, distributing or other forms of 
available are not intended to commit an offense provided for in Articles 3 to 8 
of this law, as in the case of authorized tests or protection of a system 
computer science. 
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Article 13: Association of computer criminals 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
a fine of fifty million (50,000,000) to one hundred million (100,000,000) CFA francs, 
anyone who participates, intentionally and without right, in a formed association or in a 
agreement established with a view to preparing or committing one or more foreseen offenses 
by this law. 
Article 14: Digital identity theft 
Is punished with a prison term of two (2) to five (5) years and a fine of 
five million (5,000,000) to twenty million (20,000,000) CFA francs, anyone who usurps, 
intentionally and without right, the digital identity of a third party or makes use of one or more 
several data of any kind making it possible to identify it in order to disturb its 
tranquility or to undermine his honor, his privacy, his patrimony or 
that of a third party. 
Paragraph 5: Offenses relating to child pornography 
Article 15: Production, offer, distribution of child pornography 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to ten million (10,000,000) CFA francs, 
anyone who intentionally and unlawfully produces, offers or distributes pornography 
childish with a view to its dissemination, offers or makes available, disseminates or transmits 
child pornography through a computer system. 
Article 16: Importation, exportation of child pornography 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to ten million (10,000,000) CFA francs, 
whoever obtains or procures for others, imports, imports or exports or obtains 
intentionally and unlawfully export child pornography through 
of a computer system. 
Article 17: Possession or possession of child pornography 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to ten million (10,000,000) CFA francs, 
anyone who intentionally and unlawfully possesses or possesses pornography 
childish in a computer system or data storage medium 
computer science. 
Article 18: Facilitation of minors' access to pornographic content 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to ten million (10,000,000) CFA francs, 
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anyone who intentionally and unlawfully facilitates access to images, 
documents, sound or a representation of the nature of child pornography. 
Article 19: Regular consultation of child pornography sites 
Is punished by a term of imprisonment of five (5) to less than ten (10) years and one 
fine of five million (5,000,000) to ten million (10,000,000) francs, anyone, 
intentionally and without right, usually consults or in return for a 
payment an online communication service to the public providing 
child pornography images or videos. 
Article 20: Sexual solicitations from a minor under the age of fifteen 
Is punished with a prison term of one (1) to three (3) years and a fine of five 
one hundred thousand (500,000) to one million (1,000,000) CFA francs, any adult 
making sexual proposals to a minor under the age of fifteen or to a 
person posing as such using a means of communication 
electronic. 
When the proposals have been followed by a meeting, the penalties provided for in paragraph 
first of this article are doubled. 
Section 2: Offenses adapted to information and communication technologies 
communication 
Paragraph 1: Offenses relating to computer data 
Article 21: Reproduction, extraction, copying of computer data 
Is punished with a prison term of one (1) to five (5) years and a fine of three 
million (3,000,000) to ten million (10,000,000) CFA francs, anyone who reproduces, 
intentionally and unlawfully extract or copy computer data belonging to 
others. 
Article 22: Fraud involving computer data 
Is punished by a prison term of two (2) to five (5) years and a fine 
corresponding to three times the value in question without it being less than one 
million (1,000,000) francs, anyone who, intentionally and without right, by 
any fraudulent maneuvers within the meaning of the Penal Code, is surrendered or 
issue or attempt to be delivered or issue computer data and swindles 
or attempts to defraud all or part of the fortune of others. 
When the scam has been committed by a person who appealed to the public, in 
view of the issue of shares, bonds, bonds, units or securities of any kind, either from a 
company, either a commercial or industrial enterprise, the imprisonment will be five 
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(5) less than ten (10) years and the corresponding fine to five times the stake value 
involved without it being less than two million (2,000,000) CFA francs. 
If the scam was committed either by taking the title of civil servant or agent of 
authority, either by unduly wearing a uniform, costume or badge, or in 
alleging a false order from the public authority, the prison sentence will be five 
(5) less than ten (10) years and the corresponding fine to five times the stake value 
involved without it being less than two million (2,000,000) CFA francs. 
In all cases, the court seised may pronounce the prohibition of the exercise of rights 
civic and / or prohibition of stay, for a period which may not exceed five (5) years. 
Article 23: Breach of trust in computer data 
Is punished with a prison term of two (2) to five (5) years and a fine of 
one million (1,000,000) to five million (5,000,000) CFA francs, anyone who misappropriates or 
intentionally and unlawfully dissipates computer data that has been 
voluntarily delivered for any reason whatsoever, on condition of returning them or making a 
specific use. 
If the breach of trust was committed by a person appealing to the public, in order to 
to obtain either for his own account, or as director, administrator or agent 
of a company or a commercial or industrial enterprise, the remittance of funds or 
securities, as a deposit, warrant or collateral, the term of imprisonment 
will be from five (5) to less than ten (10) years and the fine from five million (5,000,000) to twenty 
million (20,000,000) CFA francs. 
If the breach of trust was committed by a public or ministerial officer, or by a 
employee, the penalties will be imprisonment of five (5) to less than ten (10) years and 
the fine of five million (5,000,000) to twenty million (20,000,000) francs. 
Article 24: Receipt of computer data 
Is punished by a term of imprisonment of two (2) to less than ten (10) years and one 
fine of five million (5,000,000) to twenty million (20,000,000) CFA francs, 
anyone who knowingly holds, in any capacity, computer data 
obtained through a felony or misdemeanor. 
Article 25: Extortion of computer data 
Is punished by a term of imprisonment of two (2) to less than ten (10) years and one 
fine of five million (5,000,000) to twenty million (20,000,000) CFA francs 
anyone who intentionally and without right extorts or attempts to extort by force, 
violence or coercion of computer data. 
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Article 26: Blackmail involving computer data 
Is punished with a prison term of two (2) to seven (7) years and a fine of 
five million (5,000,000) to twenty million (20,000,000) CFA francs, whoever, using 
threat, written or verbal, of defamatory revelations or accusations, extorts 
or attempts to extort computer data. 
Paragraph 2: Offenses committed by means of communication 
electronic 
Article 27: Fraud by electronic means of communication 
Is punished by a prison term of two (2) to five (5) years and a fine 
corresponding to three times the value in question without it being less than one 
million (1,000,000) CFA francs anyone who, intentionally and without right, by 
any fraudulent maneuvers within the meaning of the Penal Code, using a means of 
electronic communication will have been delivered or delivered, or will have attempted to 
hand over or issue funds, furniture or bonds, provisions, tickets, 
promises, receipts or discharges and defrauds or attempts to defraud all or part of 
the fortune of others. 
Article 28: Blackmail by electronic means of communication 
Is punished with a prison term of two (2) to seven (7) years and a fine of 
five million (5,000,000) to twenty million (20,000,000) CFA francs, anyone, 
means of the threat of breaches of confidentiality, data integrity 
computer or by any form of breach of confidentiality or the functioning of the 
computer system, extorts or attempts to extort, either the delivery of funds or values, 
either the signature or the delivery of documents. 
Article 29: Defamation by electronic means of communication 
Is punished by a prison term of six (6) months to three (3) years and a fine 
from one million (1,000,000) to five million (5,000,000) CFA francs, anyone who commits 
defamation by means of electronic communication. 
Article 30: Injury by electronic means of communication 
Is punished by a prison term of six (6) months to three (3) years and a fine 
from one million (1,000,000) to five million (5,000,000) CFA francs, anyone who utters 
or utters any offensive expression, any word of contempt or any insult that does not 
contains the imputation of any fact, through a means of communication 
electronic. 
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Article 31: Dissemination of data likely to disturb public order or to bring 
violation of human dignity 
Is punished by a term of imprisonment of six (6) months to three (3) years and one million 
(1,000,000) to a fine of five million (5,000,000) CFA francs, does so for a 
person to produce, make available to others or disseminate data from 
such as to disturb public order or to undermine human dignity through 
information system. 
Article 32: Remarks of a racist, regionalist, ethnic, religious or 
xenophobic 
Is punished with imprisonment of one (1) to five (5) years and one million 
(1,000,000) to five million (5,000,000) CFA francs fine, whoever creates, disseminates 
or makes available, in any form whatsoever, writings, messages, photos, 
sounds, videos, drawings or any other representation of ideas or theories of nature 
racist, regionalist, ethnic, religious or xenophobic, through a system 
of information. 
Article 33: Additional penalties 
If there is a conviction for an offense committed through a means of 
electronic communication, the competent court orders the confiscation of 
materials, equipment, instruments, computer programs or 
data objects or products of the infringement. 
The court may also pronounce a ban on sending messages from 
electronic communication, the temporary or definitive prohibition of access to the site 
having been used to commit the offense or the prohibition of hosting the site by all 
technical means available. 
The judge can issue an injunction to any person legally responsible for the site that was used 
to commit the offense, to any qualified person to implement the means 
techniques necessary to guarantee the prohibition of access or accommodation of the 
offending site. 
The violation of the prohibitions pronounced by virtue of this article is punishable by one 
imprisonment of six (6) months to three (3) years and a fine of five hundred thousand 
(500,000) to five million (5,000,000) CFA francs. 
In the event of conviction for an offense committed by means of 
electronic communication, the judge further orders the publication in 
costs of the condemned, by extract, of the decision on the same medium. 
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The publication provided for in the previous paragraph of this article is carried out within 
fifteen (15) days following the day on which the conviction became final. 
If within fifteen (15) days after the conviction has become final, 
the convicted person has not broadcast or had this extract broadcast, he will be sentenced to a 
imprisonment of one (1) to five (5) years and a fine of one million (1,000,000) to ten 
million (10,000,000) CFA francs. 
Chapter III: Criminal liability 
Section one: Criminal liability of legal persons 
Article 34: Conditions of criminal liability of legal persons 
Any legal person, with the exception of the State, local communities and 
public establishments, is responsible for the offenses provided for by this law, 
when they are committed on their own behalf by any natural person who, acting 
either individually or as a member of a body of the said legal person, 
exercises a power of direction within it. 
The power of direction referred to in the first paragraph of this article is exercised on the basis 
following: 
- a power of representation of the legal person; 
- an authority to take decisions on behalf of the legal person; 
- an authority to exercise control within the legal person. 
The liability of legal persons does not exclude that of natural persons 
authors or accomplices of the same facts. 
Any legal person is also held responsible when the absence of 
monitoring or control by a natural person acting either 
individually, or as a member of an organ of the legal person, which exercises 
a power of direction within it, made possible the commission of the offenses 
referred to in this law on behalf of the said legal person by a person 
body acting under its authority. 
Article 35: Sanctions against legal persons 
The penalties incurred by legal persons are: 
1) the fine, the maximum rate of which is equal to five times that provided for 
natural persons by the law punishing the offense; 
2) dissolution, when the legal person was created to commit the acts 
incriminated; 
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3) dissolution, when the legal person has been diverted from its purpose for 
commit the acts complained of and if the offense retained exposes the perpetrator, no one 
physical, to imprisonment for more than five (5) years; 
4) prohibition on a permanent basis or for a period of five (5) years at most to exercise 
directly or indirectly one or more professional or social activities; 
5) permanent closure or for a period of five (5) years at most of one or more 
of the establishments of the company which were used to commit the incriminated acts; 
6) exclusion from public contracts definitively or for a period not exceeding five 
(5 years ;
7) prohibition on a permanent basis or for a period of five (5) years at most to appeal 
public savings; 
8) prohibition for a period of five (5) years at most to issue checks other than 
those which allow the withdrawal of funds by the drawer from the drawee or those which are certified or use payment cards; 
9) the confiscation of the thing which was used or was intended to commit the offense or of the thing that is the product of it; 
10) display of the pronounced decision and its dissemination either through the written press or by any means of communication to the public by electronic means. 
Section 2: Other forms of liability 
Article 36: Complicity 
Complicity in the offenses provided for by this law is punishable in the 
conditions provided for by the penal code. 
Article 37: Attempt 
The attempt to commit one of the offenses provided for by this law is punishable 
like the consummated crime. 
TITLE II: CRIMINAL PROCEDURE 
Chapter I: Scope of powers and procedure 
Article 38: Scope 
The procedures provided for in this title apply : 
- criminal offenses provided for by this law; 
- all other criminal offenses committed by means of a computer system; 
- the collection of electronic evidence of any criminal offense. 
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Chapter II: Investigative measures 
Article 39: Rapid preservation of stored computer data 
If the needs of the investigation or information so require, the judicial police officer or 
the investigating judge can order a person to keep stored data 
specified in its possession or control, including data 
relating to traffic, stored by means of a computer system, in particular when there is 
reasons to believe that these are particularly susceptible to loss or 
modification. 
The person referred to in paragraph 1 of this article is required to keep and 
protect data integrity for up to 90 days, in order to 
allow the competent authorities to obtain their disclosure. 
The custodian of the data or another person responsible for storing the data is required to 
to keep the implementation of the said procedures secret for the period foreseen. 
Any violation of secrecy is punishable by the penalties applicable to the offense of violation of secrecy. professional provided for by the penal code. 
Article 40: Prompt storage and disclosure of traffic data 
If the needs of the investigation or information so require, the judicial police officer or 
the investigating judge may order a person to keep data relating to 
to traffic in its possession or under its control, stored by means of a 
computer system, especially when there is reason to believe that these are 
particularly susceptible to loss or modification. 
The measure provided for in the first paragraph of this article may be ordered when 
only one or more service providers participated in the transmission of this 
communication. 
The person in control of the data must ensure prompt disclosure to 
the competent authority, or to a person designated by that authority of a quantity of 
sufficient traffic data to identify the providers of 
service and the channel through which the communication was transmitted. 
Article 41: Order to produce 
If the needs of the investigation or information so require, the judicial police officer or 
the investigating judge can order: 
- a person present within his jurisdiction to communicate the computer data 
specified, in the possession or under the control of that person, and stored in a 
computer system or computer storage medium; 
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- a service provider offering services in the national territory, 
communicate the data in its possession or under its control relating to subscribers and 
regarding such services. 
Article 42: Search of stored computer data 
When data stored in a computer system or in a medium 
allowing to keep computerized data on the national territory are useful for 
the manifestation of the truth, the investigating judge or the judicial police officer may 
search or similarly access a computer system or 
part of it as well as to the computer data stored therein and to a medium 
computer storage for storing computer data on its 
spring. 
When, during the search operations, the authorities referred to in paragraph 1 of the 
this article have reason to believe that the data sought is stored 
in another computer system or in part of it located in the territory 
national, and that this data is legally accessible from the initial system or 
available for this initial system, they can quickly expand the search or 
access in a similar fashion to the other system. 
If it is previously proven that these data, accessible from the initial system or 
available for the initial system, are stored in another computer system 
located outside the national territory, they are collected by the examining magistrate or by 
the judicial police officer, subject to the access conditions provided for by the 
international commitments in force. 
Article 43: Seizure of stored computer data 
When the investigating judge discovers data in a computer system 
stored which are useful for the manifestation of the truth, but that the grasp of the medium does not seem desirable, these data, as well as those necessary for 
understand them, are copied onto computer storage media that can be 
seized and placed under seal. 
The investigating judge or the judicial police officer may order any person 
knowing the operation of the computer system or the measures applied to 
protect the computer data it contains to provide all the information 
reasonably necessary, to allow the application of the measures provided for 
the first paragraph of this article. 
If the data which are linked to the infringement, either that they constitute the object, or that they are the product, are contrary to public order or good morals or constitute 
a danger to the integrity of computer systems or to stored data, 
processed or transmitted through such systems, the examining magistrate or the 
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judicial police order the necessary precautionary measures, in particular 
designating any qualified person with the mission of using all means 
appropriate techniques to make this data inaccessible. 
When the measure provided for in the first paragraph of this article is not possible, for 
for technical reasons or because of the volume of data, the investigating judge uses 
the appropriate technical means to prevent access to this data in the 
computer system, as well as copies of this data which are available 
of persons authorized to use the computer system, as well as to guarantee 
their integrity. 
The investigating judge or the judicial police officer informs the person in charge of the system informatics of the research carried out in the computer system and communicate to it 
a copy of the data that has been copied, made inaccessible or removed. 
Article 44: Real-time collection of traffic data 
When the necessities of the investigation or information so require, the police officer 
court or the investigating judge may collect or record by the use of means 
existing techniques or oblige a service provider, within the limits of capacities 
existing techniques at: 
- collect or record by using existing technical means in the territory 
national; 
- provide assistance and assistance to the competent authorities in collecting or 
record, in real time, the data relating to the traffic associated with 
specific communications transmitted on the national territory by means of a system 
computer science. 
The service provider referred to in paragraph 1 of this article is required to keep 
secret the fact that any of the powers provided for in this article have been 
executed, as well as any information about it. 
Article 45: Interception of data relating to content 
In criminal matters or when the penalty incurred is equal to or greater than two (2) 
years of imprisonment in correctional matters, the examining magistrate may, if the 
information requirements require it, in particular at the request of a police officer 
judicial, prescribing the collection, interception, recording and transcription of 
data relating to the content of specific communications within its purview, 
transmitted by means of a computer system. These operations are carried out under 
its authority and control. 
The interception decision is written. It does not have a jurisdictional character and is 
subject to no recourse. 
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The interception decision taken in application of the first paragraph of this article 
includes all the identification elements of the link to be intercepted, the offense which 
justify the use of interception as well as the duration of it. 
This interception decision is taken for a maximum period of three (3) months. She does not can be renewed only once under the same conditions of form and duration at 
provided that the renewal request is sent no later than forty-eight 
(48) hours before the expiry of the first interception decision. 
The investigating judge or the judicial police officer appointed by him may request any 
qualified agent of a public service or body in charge of communications 
electronic or any qualified agent of a network operator or service provider, 
within the framework of its existing technical capacities, in order to proceed with the installation an interception device. 
The investigating judge or the judicial police officer appointed by him draws up a report 
of each of the interception and recording operations. This minutes 
mentions the date and time when the operation started and when it 
ended. 
The recordings are placed under closed seal and accessible by the judge 
of instruction, the judicial police officer or any person authorized by the judge 
instruction. 
The examining magistrate or the judicial police officer appointed by him transcribes the 
correspondence useful for the manifestation of the truth. A report is drawn up. This 
transcript is on file. 
Correspondence in a language other than the official language is transcribed in 
French with the assistance of an interpreter required for this purpose. 
Under penalty of nullity, correspondence between the accused and his 
advice when they relate to the exercise of the rights of the defense. 
The recordings are destroyed, at the behest of the public prosecutor or the 
Attorney General, at the expiration of the limitation period for public action. 
A report of the destruction operation is drawn up. 
The service provider referred to in the sixth paragraph of this article is required to keep 
secret the fact that any of the powers provided for in this article have been 
executed, as well as any information about it. 
Article 46: Correspondence depending on the office or domicile of a 
parliamentarians cannot be intercepted without the Office of the National Assembly 
is informed by the examining magistrate. 
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Article 47; Correspondence depending on a lawyer's office or his domicile 
cannot be intercepted without the president of the Bar Association being informed 
by the examining magistrate. 
Article 48: Correspondence depending on the office of a magistrate or a judge or 
of their homes cannot be intercepted without the President of the Court of Appeal 
or the Attorney General at the court to which the jurisdiction to which he belongs in 
be informed by the examining magistrate. 
Article 49: Correspondence depending on the office of the president of a court of appeal, 
or the Attorney General to a court of appeal, or that of a magistrate or judge of a 
high court or of a magistrate practicing in the administration, cannot be 
intercepted without the Minister in charge of Justice being informed by the judge 
instruction. 
Article 50: Correspondence depending on the cabinet of a member of the government 
or his home cannot be intercepted without the Prime Minister being 
informed by the examining magistrate. 
Article 51: Correspondence depending on the office of the Prime Minister or his 
home cannot be intercepted without the President of the Republic being 
informed by the examining magistrate. 
Article 52: The formalities provided for in Articles 45 to 51 above are prescribed 
penalty of nullity. 
The informed personalities are bound by the secrecy of the instruction. 
Article 53: If the necessities of the flagrant investigation or the preliminary investigation 
relating to one of the offenses provided for by this law so require, the chairman of the 
tribunal de grande instance or the judge delegated by him may, at the request of the public prosecutor Republic, authorize the interception, recording and transcription of 
correspondence sent by electronic communications according to the 
modalities provided for in this article, for a maximum period of three months, 
renewable only once under the same conditions of form and duration provided 
that the renewal request be sent no later than forty-eight hours (48) 
before the expiry of the first interception decision. 
The request of the public prosecutor and the order of the president are stamped with the seal of the confidentiality. 
Article 54: Investigation under pseudonym 
In order to find the offenses mentioned in articles 3 to 31 of this 
law, when these are committed by an electronic means of communication, 
collect evidence and search for perpetrators, officers or police 
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judiciary acting during the investigation or on rogatory commission may, if they are 
assigned to a specialized service and specially authorized for this purpose, carry out 
following acts without being criminally responsible: 
1. participate under a pseudonym in electronic exchanges; 
2. be in contact with people likely to be the perpetrators of these offenses; 
3.extract, acquire or store by this means the evidence and data 
on the persons likely to be the perpetrators of these offenses; 
4.extract, transmit in response to an express request, acquire or keep 
illegal content. 
Under penalty of nullity, these acts cannot constitute an incitement to commit these 
offenses. 
Chapter III: Electronic evidence 
Article 55: Admissibility of electronic evidence 
In criminal matters, electronic evidence is admissible provided it is collected 
and kept in conditions such as to guarantee its integrity. 
Chapter IV: Jurisdiction of the courts 
Article 56: Field of jurisdiction 
National courts are competent to judge one of the offenses provided for by 
this law: 
- when it is committed, in whole or in part, on national territory, on board a ship 
flying the Nigerian flag, on board a Nigerian registered aircraft; 
- when it is committed by a Nigerien, if the offense is punishable under criminal law where it has been committed or if the offense does not fall under the territorial jurisdiction of any State; 
- when the alleged offender is present on Nigerien territory and cannot 
be extradited to another State solely on the grounds of their nationality, after a request 
extradition. 
This article does not exclude the other fields of jurisdiction provided for by the 
provisions of the Code of Criminal Procedure relating to crimes and offenses committed 
abroad. 
TITLE III: INTERNATIONAL COOPERATION IN CRIMINAL MATTERS 
Article 57: General principles relating to international cooperation 
The competent authority shall cooperate with other States, in accordance with the provisions of this title, in application of the international instruments in force on cooperation 
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international law in criminal matters to which Niger is a party, to the greatest extent 
wide possible, for the purposes of investigations or proceedings concerning infringements 
related to computer systems and data or to collect evidence, 
in electronic form, of a criminal offense. 
Article 58: Extradition 
This article applies to extradition for the criminal offenses defined in 
articles of this law, provided that they are punishable in law 
internal law and in the legislation of the State requesting a custodial sentence for a 
maximum period of at least one year, or by a more severe penalty. 
When a different minimum sentence is required, on the basis of an instrument 
international law applicable between Niger and the requesting State, the minimum penalty provided for by this instrument applies. 
Extradition is subject to the conditions provided for by domestic law or by treaties. 
extradition in force, including the grounds for which the competent authority may 
refuse extradition. 
If extradition for a criminal offense mentioned in the first paragraph of this 
article is refused solely on the basis of the nationality of the person sought or 
because the empowered authority considers itself competent for this offense, it submits 
the case at the request of the requesting State, to its competent authorities for the purposes of prosecution, and report the outcome of the case to the requesting State in a timely manner. The authorities in question make their decision and carry out the investigation and 
in the same way as for any other offense of a comparable nature, in accordance with the 
Niger legislation. 
Article 59: General principles relating to mutual assistance 
The competent authority shall grant the widest possible assistance to other States for the purposes of investigation or proceedings concerning criminal offenses related to systems 
and computer data, or to collect evidence in electronic form 
of a criminal offense. 
The competent authority may, in an emergency, make a request for mutual assistance or 
communications relating thereto by rapid means of communication, such as 
fax or e-mail, insofar as these means offer conditions 
sufficient security and authentication, including, if necessary, encryption, with 
subsequent official confirmation if the requested State so requires. If Niger is the subject of such request, the competent authority accepts the request and responds with any of the following these rapid means of communication. 
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When Niger receives a request for mutual assistance, it is submitted, unless otherwise provided. otherwise expressly provided for in the articles of this chapter, under the conditions 
fixed by national law or by the applicable mutual assistance treaties, including the reasons 
on the basis of which the requested State may refuse cooperation. The requested State must not exercise their right to refuse mutual assistance concerning the offenses referred to in Articles 3 to 31 on the sole ground that the request relates to an offense which he considers to be 
fiscal nature. 
The condition of dual criminality, to which any request is subject 
mutual aid, is considered to be satisfied when the behavior constituting 
the offense, for which mutual assistance is required, is qualified as a criminal offense in the Nigerian law, whether or not the latter classifies the offense in the same category 
offenses or whether or not it designates it by the same terminology as the law of the State 
applicant. 
Article 60: Spontaneous information 
The competent authority may, within the limits of its internal law and in the absence of 
prior request, communicate to another State information obtained in the 
part of its own investigations when it considers that this could help the State 
recipient to initiate or carry out investigations or proceedings concerning 
criminal offenses established in accordance with this law, or when these 
information could lead to a request for cooperation. 
Before communicating such information, Niger may request that it remain 
confidential or used only under certain conditions. 
Article 61: Rapid preservation of stored computer data 
The competent authority may be ordered or otherwise imposed by another 
State party the rapid retention of data stored by means of a system 
IT systems located on the territory of Niger, and for which the requesting State 
intends to submit a request for mutual assistance in search or access 
by a similar means, the seizure or the obtaining by a similar means, or the 
disclosure of said data. 
A conservation request made in application of the preceding paragraph must 
specify: 
- the authority requesting preservation; 
- the offense under investigation or criminal proceedings and a brief statement 
related facts; 
- the stored computer data to be kept and the nature of their link with 
the offense; 
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- all the information available to identify the data custodian 
computer stored or the location of the computer system; 
- the need for the conservation measure; 
- the fact that the requesting State intends to submit a request for mutual assistance with a view to search or access by similar means, seizure or obtaining 
by a similar means, or disclosure of stored computer data. 
After receiving the request from another State, the competent authority must take all 
the appropriate measures to proceed without delay to the retention of data 
specified, in accordance with domestic law. To be able to respond to such a request, 
dual criminality is not required as a precondition for retention. 
A conservation request can be refused only: 
- if the competent authority has reason to believe that, at the time of 
disclosure, the condition of dual criminality cannot be met; 
- if the request relates to an offense which the requested State considers to be 
political in nature or related to an offense of a political nature; 
- if the requested State considers that granting the request would risk 
interference with its sovereignty, security, public order or other interests 
essential. 
When the competent authority considers that simple preservation will not be sufficient to guarantee future availability of data, or will compromise the confidentiality of the 
the requesting State, or will harm it in any other way, it shall promptly inform that 
State. 
Any retention made in response to a request referred to in this article is 
valid for a period of sixty (60) days in order to allow the requesting State to 
submit a request for search or access by similar means, 
entering or obtaining by a similar means, or disclosure of data. 
After receipt of such a request, the data must continue to be retained. 
pending the adoption of a decision on the request. 
Article 62: Prompt disclosure of stored data 
When, by executing a request to retain traffic data 
concerning a specific communication formulated in application of the previous article, 
the competent authority discovers that a service provider in another State has 
participated in the transmission of this communication, the competent authority discloses 
quickly to that State a sufficient quantity of data concerning the traffic, for the purposes 
identify this service provider and the channel through which the communication was 
transmitted. 
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Disclosure of traffic data pursuant to the previous paragraph 
can be refused only: 
- if the request relates to an infringement that the competent authority considers 
as being of a political nature or related to an offense of a political nature; 
- if it considers that granting the request would risk undermining 
its sovereignty, security, public order or other interests 
essential. 
Article 63: Mutual assistance concerning access to stored data 
The competent authority may be required by another State to search or 
similarly access, disclose data stored by means of a system 
IT located in its territory, including the data stored 
in accordance with Articles 39 and 40 of this Law. 
The competent authority satisfies the request by applying the international instruments 
in force and in compliance with the relevant provisions of this title. 
The request should be satisfied as quickly as possible in cases where: 
- there are reasons to believe that the relevant data is particularly 
sensitive to the risk of loss or modification; 
- the international instruments in force provide for rapid cooperation. 
Article 64: Cross-border access to stored data 
The competent authority can access stored computer data accessible 
to the public, regardless of the geographic location of this data and without 
the authorization of the State in whose territory these data are located. 
The competent authority may receive or access, by means of a computer system 
located in its territory, to computer data located in the territory of another 
State as soon as it obtains the legal and voluntary consent of the person 
legally authorized to disclose this data to him by means of this computer system. 
Article 65: Mutual assistance in real-time collection of traffic data 
The competent authority grants other States mutual assistance in real-time data collection 
traffic data associated with communications specified on its 
territory, transmitted by means of a computer system. Subject to 
provisions of the following paragraph, this mutual assistance is governed by the conditions and procedures provided for in domestic law. 
The competent authority grants this assistance at least with regard to criminal offenses 
for which real-time traffic data collection would be 
available in a similar case internally. 
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Article 66: Mutual assistance in interception of data relating to content 
To the extent permitted by applicable treaties and domestic law, the authority 
competent authority grants other States mutual assistance in collecting or registering 
real-time data relating to the content of specific communications transmitted 
by means of a computer system. 
Article 67: 24/7 contact point 
For offenses under this law, the Directorate of the Judicial Police 
constitutes, pending the establishment of a specially dedicated structure, the point of 
central contact that can be reached 24 hours a day, seven days a week, in order to 
to provide immediate assistance for the investigation of infringements 
related to computer systems and data, or to collect 
electronic evidence of a criminal offense. 
This assistance should include facilitation, if the law permits, and direct enforcement. 
the following measures: 
- Provision of technical advice; 
- Data retention, in accordance with Articles 60 and 61; 
- Collection of evidence, provision of legal information, and location of 
suspects. 
The point of contact, said 24/7, must be equipped with the means to correspond with the point of contact from another State under an accelerated procedure. 
Article 68: Competent authority. 
The competent authority designated for the purposes of the application of this Act is the Minister in charge of Justice. 
As such, he has the obligation to ensure that the point of contact has staff 
sufficiently trained and equipped to facilitate the operation of the contact point 
24/7 established b the Council of Euroe Convention on Cbercrime and other
relevant conventions. 
Article 69: This law which repeals all previous contrary provisions is 
published in the Official Journal of the Republic of Niger and executed as law of the State. The Parliamentary Secretary The President of the National Assembly 
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ILLIASOU DILLE OUSSEINI TINNI 
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