Cybercrime and Punishments

Information Technology Law, a relatively young branch of law, addresses cybercrimes in Turkey in accordance with Law No. 5651, enacted in 2007, titled "Law on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications." The field of information technology law maintains its dynamism day by day due to evolving technological advancements and widespread use. Therefore, its definition can vary depending on the individual or event. Generally, information technology law can be defined as the use of information technologies (mobile devices, smartphones, tablets, etc.) in classic criminal activities (theft, fraud, sexual abuse, etc.) to violate the Penal Code.

The biggest advantage criminals have against cybercrimes is the existence of a population that uses information technology only through consumer hardware. Therefore, it would be beneficial for victims of cybercrimes to consult an experienced IT law attorney at this stage to combat cybercrimes

The articles related to cybercrimes within the scope of the Turkish Penal Code are as follows:

• Turkish Penal Code Articles 503-507: Deception and fraudulent conduct via computer, Fraud and Bankruptcy
• Turkish Penal Code Articles 316-368: Forgery via Computer, Forgery Crimes
• Law No. 5846 on Intellectual and Artistic Works (FSEK): Unauthorized Use of Software Protected by Law
• Turkish Penal Code Articles 125-200: Illegal Publications, Crimes Against the Personality of the State,
• Turkish Penal Code Articles 480-490: Crimes of Insult and Abuse
• Articles 426-427 of the Turkish Penal Code: Publications that offend the public's sense of shame and decency, or that incite and exploit sexual desires, and are contrary to public morality
• Turkish Penal Code Article 525: Unauthorized Access to and Eavesdropping on Computer Systems and Services.

Cybercrimes, such as credit card fraud, forgery of documents, unauthorized use of information, and many more examples, are among the most common cybercrimes. Cybercrimes pave the way for both known and new crimes. Therefore, classifying cybercrimes, which have a very broad scope, is not easy. Generally, cybercrimes include:

• Unauthorized Access to Computer Systems and Services
• Computer Sabotage
• Fraud via Computer
• Computerized Forgery
• Unauthorized Use of Computer Software
• Misuse of Personal Information
• Creating False Personalities and Imitating Personalities
• Illegal Publications
• Unauthorized Access to Trade Secrets
• Terrorist Acts
• Child Pornography
• Hacking
• Other Crimes (Organ trafficking, prostitution, threats, drugs, etc.)

In our country, the fight against cybercrimes is carried out within the scope of Law No. 5651, "Regarding the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through These Publications," which has been in effect since 2007. Through this law, access is prevented and monitored, and the responsibilities of content providers, hosting providers, and access providers are examined.

With the new regulations regarding cybercrimes under the Turkish Penal Code, while the penalty for the crime of insult in Article 125 of the Penal Code is stipulated as imprisonment from three months to two years, the provision that the sentence cannot be less than one year is now valid if the crime is committed through an audio, written, or visual communication, in other words, including the internet. Similarly, it has been introduced as an aggravating circumstance for crimes such as theft and fraud.

Additionally, Article 243 of the Turkish Penal Code outlines penalties for cybercrimes. These penalties can vary between 5 and 6 years.