With the advancement of technology, cybercrimes have also increased and legal regulations have become important to combat these crimes. Cybercrimes generally refer to offences committed against computer systems, the internet or the digital environment. These offences may occur in various forms such as hacking, identity theft, data breach, cyberbullying. In order to combat such offences, laws have clear and effective penalties. In this article, we will discuss the penalties for cybercrimes in detail. Cybercrimes are divided into two main categories: direct (real) cybercrimes and crimes committed through cybercrimes:
Direct (Real) Cybercrimes:
- The Offence of Entering an Information System (TPC Art. 243): It means accessing the data in an information system by remote connection or physical proximity.
- The Offence of Blocking, Disrupting, Making Inaccessible, Destroying or Changing the Data (Art. 244 TPC): Refers to the offence of blocking, disrupting, rendering inaccessible or destroying or altering data by interfering with the information system.
- Offence of Misuse of Bank or Credit Card (TPC Art. 245): Misuse of debit or credit cards is one of the cybercrimes.
- Crime of Using Prohibited Devices or Programmes (TPC Art. 245/a): Includes the offence of using prohibited devices or programmes.
Crimes Committed Through Informatics:
- Obstruction of the Right to Education and Training (Art. 112 TPC)
- Obstruction of the Right to Benefit from Public Services (Art. 113 TPC)
- Offence of Insult (TPC Art. 125)
- Violation of Confidentiality of Communication (Article 132 of TPC)
- Interception and Recording of Conversations between Persons (Article 133 of the TPC)
- Violation of the Privacy of Private Life (Article 134 of the TPC)
- Recording of Personal Data (TPC Art. 135)
- Giving or Obtaining Data Unlawfully (Article 136 of the TPC)
- Failure to Destroy Data (Art. 138 TPC)
- Theft through the Use of Information Systems (TPC Art. 142/2-e)
- Fraud by Using Information Systems as a Tool of Bank or Credit Institutions (TPC Art. 158/1-f)
Information Crimes and Penalties
Cybercrimes involve penalties established by law to combat the various threats faced by individuals and organisations in the digital environment. These penalties may vary depending on the type of offence, its seriousness and the damage caused. Here are the common types of penalties for cybercrimes:
1. Imprisonment
Those involved in cybercrimes can be sentenced to imprisonment, depending on the seriousness of the offence under the law. In particular, offences such as large-scale data breaches, hacking or cyber-bullying can carry serious prison sentences. Prison sentences may vary depending on the type of offence and the legal regulations of the jurisdiction where the offence took place.
2. Fine
Those involved in cybercrimes may also face fines. These fines are determined depending on the seriousness of the offence, the harm suffered by victims and other factors of the offence. Fines enable offenders to compensate for the harm and fulfil their responsibilities to society.
3. Material Compensation
Cybercrimes can cause material damage to victims. For example, if personal information is leaked as a result of a data breach or if an organisation suffers a hacking attack, victims may face financial damages. Courts can compel offenders to compensate for material damages and to pay compensation to victims.
4. Administrative Penalties
Those involved in cybercrimes may also face administrative penalties. In particular, companies or organisations may be subject to administrative sanctions if they do not comply with data protection laws or do not take adequate security measures. These penalties may take various forms, such as fines, licence cancellations or suspension of activities.
5. Deprivation of Electronic Devices or Restriction of Internet Access
In some cases, those involved in cybercrimes may be subject to penalties such as restricting access to their computers or taking away their electronic devices. Such penalties can help to deter offenders from abusing the digital environment and can act as a deterrent to society.
Penalties for cybercrime are essential to protect society’s security in the digital world and to bring offenders to justice. These penalties are set clearly and effectively to deter offenders and protect the rights of victims. However, as every situation is different, whether and the type of punishment for those involved in cybercrime can vary depending on the seriousness of the offence, the offender’s background and local legal regulations. Therefore, it is always important to seek legal advice and consult local legal regulations.