The internet and information systems, which have entered every aspect of our lives as a necessity of the digital age, have paved the way for the emergence of new types of crimes while offering countless conveniences. Cybercrimes are illegal acts committed using computers, network systems or other digital tools, targeting data, systems or digital identities of individuals. These crimes, unlike traditional crimes, have a structure that knows no borders, where the perpetrator is difficult to identify and can create a large number of victims. The Turkish Penal Code (TCC) contains specific provisions to combat these modern types of offences.
Legal Framework: Cybercrimes in the Turkish Penal Code
In the tenth chapter of the TPC titled “Offences in the Field of Informatics” (Articles 243-246), informatics offences are specifically regulated. These regulations aim to protect the security of information systems and data.
Turkish Penal Code – Article 243: Access to Information System
(1) Anyone who unlawfully enters or remains in the whole or a part of an information system shall be sentenced to imprisonment up to one year or a judicial fine. (2) If the acts defined in the above paragraph are committed against systems that can be used for a fee, the penalty to be imposed shall be reduced by up to half. (3) If the data contained in the system is destroyed or changed due to this act, a prison sentence of six months to two years shall be imposed.
Common Informatics Offences and Penalties
- Unlawful Entry into an Information System (Art. 243 TPC): This offence, also known as “hacking”, is when a person infiltrates a computer system, network or account without authorisation. This act constitutes an offence even if the data in the system is not changed or deleted.
- Blocking, Disrupting, Destroying or Changing the System (Art. 244 of the TPC): Preventing the functioning of an information system, slowing it down, deleting, changing, corrupting or making inaccessible the data in the system constitutes this offence. DDOS attacks, ransomware are considered within the scope of this offence.
- Misuse of Bank or Credit Cards (Article 245 of the TPC): Obtaining unfair advantage by obtaining a debit or credit card belonging to someone else or copying their information (phishing) is one of the most common cybercrimes. The penalty for this offence is quite severe.
- Prohibited Devices or Programmes (Article 245/A of the TPC): Producing, selling or possessing devices, programmes, passwords or security codes specially prepared for the purpose of committing a cybercrime is also defined as a separate crime.
Other Offences Committed Through Information Systems
Apart from the above-mentioned, information systems are also used as a tool for the commission of many traditional offences:
- Insult, Threat, Blackmail via Social Media: It is a crime under the Turkish Penal Code to write offensive articles against a person’s honour, honour and dignity, to send messages to intimidate or to try to obtain benefits by threatening to disseminate private images through platforms such as Facebook, Instagram and Twitter.
- Unlawful Acquisition and Dissemination of Personal Data (Article 136 of the TPC): Obtaining and disseminating personal data (name, telephone, address, photograph, etc.) of a person without his/her consent is a serious offence.
- Fraud (Qualified Offence): Actions such as selling fake products through websites or social media, organising fake aid campaigns constitute the offence of qualified fraud by using information systems as a tool.
- Illegal Betting: Placing or enabling illegal bets over the internet is also an offence under Law No. 7258.
What should you do if you are a victim of a cybercrime?
If you believe that you are the victim of a cybercrime, you should follow these steps to protect your rights and ensure that the perpetrator is punished:
- Collect and Preserve Evidence: Immediately save all digital evidence (screenshots, emails, messaging records, URL addresses, log records, etc.) that the offence has been committed. This evidence is the most important part of the investigation. Make sure that the evidence includes date and time information.
- File a Complaint: Together with the evidence you have collected, file a complaint with the nearest Chief Public Prosecutor’s Office or the Anti-Cybercrime units of the Law Enforcement Forces (Police or Gendarmerie). In your petition, describe the incident in detail and present all the evidence you have.
- Request Blocking of Access: If the offence is committed through a content published on the internet (insult, violation of privacy, etc.), you can also request that access to this content be blocked with your complaint.
Cybercrimes constitute the dark side of the digital world and are becoming increasingly complex. The Turkish Penal Code provides important legal regulations to combat these offences. It is essential for an individual who is a victim of cybercrime to immediately collect digital evidence without panicking and to apply to the judicial authorities without wasting time, both to protect their rights and to bring the criminals to justice. In this process, getting support from an IT law attorney will help to conduct the investigation more effectively and prevent loss of rights.