Detection of Cybercrimes

Microsoft Corporation is often consulted for assistance in detecting cybercrimes. First, it is determined whether the accessed information system belongs to the customer. Depending on the nature of the IT crime, the IP addresses of the users are identified, and the hard drives of the computers are seized. If the suspect enhances their defense by claiming that the computer or electronic device was used by someone else, it is investigated whether someone else was present on the system. If the suspect accessed the victim's system from their own computer or electronic device using another computer or device, investigations and research are conducted, and witnesses are interviewed. Cybercrimes can be proven not only through technology but also through witness testimonies, depending on the nature of the cybercrime.

Complaint Periods, Statute of Limitations, and Other Important Information Regarding Cybercrimes

Cybercrimes are crimes that must be investigated by the public prosecutor's office. Therefore, the investigation of cybercrimes is not subject to complaint. A victim's statement of withdrawal does not cause the criminal prosecution to be dropped. The public prosecutor's office must investigate the cybercrime. An effective investigation can be conducted if the cybercrime is reported to the public prosecutor's office under the limitation period. According to the Turkish Penal Code, the minimum penalty for these crimes is 8 years. If a criminal complaint is filed after the limitation period has expired, or if the public prosecution does not conclude within the limitation period, it is not possible to investigate or prosecute the crime. In particular, the complainant may obtain party status in cases before the criminal court, even if they have not previously had the opportunity to exercise their right to complain. Reconciliation is an agreement between the victim of the crime and the victim through communication with a mediator. Cybercrimes are not crimes that fall under the scope of reconciliation.

Repentance in Cybercrime Sentence Reduction

In some cybercrimes, it is possible to avoid or reduce the sentence due to effective repentance. The provisions regarding repentance applicable to cybercrimes are specified in Article 245/5 of the Turkish Penal Code (TCK). Accordingly, effective repentance provisions are applied to the defendant only when the cybercrime described in Article 245/1 of the TCK, namely the unauthorized use of another person's bank or credit card, is committed, provided the conditions are met. The provisions regarding effective repentance for cybercrimes are specified in Article 168 of the TCK. According to this, if the victim's complaint is dismissed during the investigation phase due to the cybercrime, 2/3 of the sentence will be reduced. If the damage suffered by the victim due to the cybercrime is resolved during the prosecution phase, the sentence to be given to the defendant after the case is opened will be reduced by 1/2. For more information on this matter and for any other questions, you can consult with our firm's experienced IT lawyers