Elsevier

Digital Investigation

Volume 30, September 2019, Pages 94-100
Digital Investigation

Crime control in the sphere of information technologies in the Republic of Turkey

https://doi.org/10.1016/j.diin.2019.07.005Get rights and content

Highlights

  • Experience in cybercrime control of different countries is considered.

  • Legislative framework of the Republic of Turkey on cybercrime issues is discussed.

  • The findings underlie the continuing education policy for cybersecurity employees.

Abstract

Cybercrime is considered an issue of both local and global concern. Therefore, this study focuses on the local experience in cybercrime control of different countries, including the Republic of Turkey. The article discusses issues in cybersecurity policy and analyzes the legislative framework of the Republic of Turkey on cybercrime issues. The findings underlie the continuing education policy for cybersecurity employees. The study concludes that Turkey handles the current cybercrime situation with efficiency.

Introduction

To provide experience-based insights on the government policies for different sectors, different studies address methods of institutional research (Howard et al., 2012). Among them, comparative analysis, which allows drawing an analogy between the statutory law of different countries. In doctrinal studies, this method is mainly utilized for the purpose of improving national law and the legal doctrine (Chevik and Demirzhi, 2016). Moreover, comparative analysis is often utilized for the acquisition of knowledge regarding the law elsewhere and thus, for a better understanding thereof. Comparative law may be regarded as (1) an instrument of evolutionary and taxonomic science (common evolutions, diachronic changes, legal families); (2) contributing to one's own legal system (understanding it better, including the resistance of its traditions, improving it, using it as a means for interpreting the constitution).

Turkish judicial system does not include the concept of a jury trial, as it requires the adaptation of the system before being imported. Verdicts come from judges or a panel of several judges and are based on the law principles and convictions. A Turkish judge is usually a law school graduate and can be one of the following: Criminal Judge (wears a black robe with a red collar), Civic Judge (wears a black robe with a green collar), and Administrative Judge (wears a black robe with a light brown collar) (The legal system of the Republic of Turkey).

The Turkish legal system is inquisitorial, which means that it includes an Investigating Judge (also called investigating magistrate, or inquisitorial magistrate), who conducts investigations into crimes or inquiries and settles cases without a trial. In some cases, the Investigating Judge is the “first and last resort”, especially in cases without an open trial. An Investigating Judge has a right to demand any organization to provide documents, which are necessary for crime investigation (Şen) (Varol et al., 2017).

The pre-trial functions of an investigating judge are to:

  • 1.

    Allocate evidence that would prove a person somehow involved in the crime;

Section snippets

Assure legal liability of a person for presumptive actions

In other words, the Investigating Judge makes recommendations for prosecution and decisions on criminal culpability, which are closely related to the jurisdiction and circumstances that lead to crime exclusion. If a suspect is not involved, he/she is released immediately. With the evidence on involvement, the investigating judge charges the suspect with the crime and takes him/her to court. If the preliminary investigation is carried out under the supervision of the national investigating body,

Conclusion

Cybersecurity reforms became more considerable after the meeting of the National Security Council in 2003. In particular, the Republic signed the Budapest Convention on Cybercrime in 2010 and ratified it in 2014. Establishing the Cybercrime Control Department in 2011 is another important step towards cybercrime control.

The Cybercrime Control Department provides technical and informational support to ensure public security and prevent terrorism and this approach to cybercrime control proves

Conflicts of interest

The authors declare no conflict of interest.

References (29)

  • M. Akgül

    Internet Censorship in Turkey Internet Censorship in Turkey

    (2015)
  • A. Bahaddin

    Cyber Crime in Turkey and the Impact of the Internet on Crime (With Anthropological and Legal Aspects)

    (2008)
  • J. Carroll et al.

    Identity, power, and fragmentation in cyberspace: technology appropriation by young people

  • Ceza Muhakemesi kanunu
  • H.H. Chevik et al.

    Legal Policy: Concepts, Actors, Processes, Models, Analysis, Decision Making

    (2016)
  • Computer Crime

    Convention between the United States of America and other governments

  • A.S. Duff

    A Normative Theory of the Information Society

    (2012)
  • M. Dülger

    Bilişim, Kişisel Verilerin Korunması Ve Internet Iletişimi Mevzuatı

    (2018)
  • M.V. Dülger

    Bilişim Suçları ve Internet Iletişim Hukuku

    (2015)
  • Fikir Sanat Eser Kanunu

    (1951)
  • A. Gül

    Bişim Suçları, Seçkin Yayıncılık. Ankara

    (2018)
  • R.D. Howard et al.

    The Handbook of Institutional Research

    (2012)
  • J. Humphrey

    Deviant Behavior

    (2006)
  • F. Kahveci

    Türkiyede en cok karşılaşan bilişim suçlari

    (2014)
  • Cited by (9)

    • Smart contracts applied to a functional architecture for storage and maintenance of digital chain of custody using blockchain

      2020, Forensic Science International: Digital Investigation
      Citation Excerpt :

      The digital evidence can be: a file with or without an extension, some files, a hard disk partition, an entire hard drive, a USB flash memory device, CD/DVD/Blue Ray media, internet links, peer-to-peer connections, and any other removable media (Petroni et al., 2018), among the most varied devices. Such evidence may come from a variety of cybercrime types, such as those set forth in the ratification of the European Convention on Cybercrime (Shukan et al., 2019). Among them:

    • IP Addresses in the Context of Digital Evidence in the Criminal and Civil Case Law of the Slovak Republic

      2020, Forensic Science International: Digital Investigation
      Citation Excerpt :

      Overall, there are many studies which focus on explaining the specifics and idiosyncrasies of legal requirements in different countries. Studies focusing on individual countries often approach the issue in their complexity – such is the case of Shukan et al. (2019) who focused on the overall issue of cybercrime control in Turkey–or focus on individual issues providing wider audience with explanation of national laws for further comparative studies – such is the case of Abu Issa et al. (2019) focusing on the specific crime of unauthorized access and its prosecution in Jordan. Similar studies have a limited impact.

    • Designing an IoT based Hand Bag for the Protection of Women

      2023, 2023 26th International Conference on Computer and Information Technology, ICCIT 2023
    • Legislative deficiency in the procedural aspect of information crime

      2021, Review of International Geographical Education Online
    View all citing articles on Scopus
    View full text