DIGITALIZATION IN CRIMINAL PROCEDURE AND SEGBIS (Electronic Judicial Information System)

Digitalization in Turkish criminal procedure is of great importance in terms of accelerating and improving the efficiency of the justice system. One of the applications developed in this context is the Sound and Image Information System (SEGBİS). SEGBİS is a technology that enables the recording of sound and images in judicial processes, the taking of witness or defendant statements from distances, and the conduct of hearings via video conferencing. The implementation of this system has both saved time and resources and increased security.

What is SEGBIS?

SEGBİS is an abbreviation for the Sound and Image Information System. This system was introduced into the Turkish legal system in 2011 with the addition of Articles 196/A and 200/A to the Code of Criminal Procedure (CMK) No. 5271. The main purpose of SEGBİS is to enable individuals who cannot be physically present in the courtroom to participate in the court process through technological means. Thus, the defendant, witness, or victim can participate in the hearing remotely and give their testimony.

The use of SEGBİS minimizes security risks and logistical challenges, particularly those arising during the transportation of defendants to court. The transportation of detained defendants, in particular, posed a significant burden for security forces and judicial authorities. SEGBİS has greatly simplified these processes and ensured the swift administration of justice.

Innovations and Advantages Brought by SEGBIS

1. Security and Logistical Advantages: SEGBIS reduces security risks that may arise during the physical transportation of defendants to the courtroom. Especially in cases involving terrorism or organized crime, risks such as attacks or kidnapping attempts during the transportation of defendants are eliminated. At the same time, the need for security personnel and vehicles for transporting detained defendants is also reduced.

2. Time and Cost Savings: One of the biggest advantages of SEGBIS is that it allows for the acceleration of judicial processes. Especially in Türkiye's vast geography, bringing witnesses or defendants from remote areas to court can be time-consuming and costly. Thanks to SEGBIS, these kinds of problems are eliminated. In addition, this system also reduces the workload in the courts, as hearings can be conducted more quickly and efficiently.

3. Reducing the Workload of Courts: In traditional methods, courts had to work extensively to bring witnesses or defendants to court. SEGBİS solves this process digitally, significantly reducing the workload of courts and ensuring more efficient judicial processes.

4. Increased Testimony Reliability: SEGBIS allows for audio and video recording during court hearings. This makes it possible to accurately record statements and review them if necessary. Reviewing the recordings is particularly important to determine if there are any inconsistencies in the statements of witnesses or defendants.

5. Ease of Remote Access: Another significant advantage of SEGBIS is its ability to provide remote access to hearings. This system offers great convenience, especially for witnesses or parties living abroad. Thanks to SEGBIS, these individuals can participate in the hearing and give their testimonies from wherever they are.

Legal and Ethical Aspects of the SEGBIS Application

The integration of SEGBIS (Electronic Court Hearing System) into the Turkish criminal procedural system has raised several legal and ethical debates. At the heart of these debates is the balance between the defendant's right to face-to-face hearings and their right to participate in hearings via SEGBIS. In criminal procedural law, the defendant's direct participation in court and their right to present their defense in person are considered fundamental rights. However, with the widespread adoption of SEGBIS, various legal assessments are being made regarding how this right will be protected in a digital environment and how the defendant's right to a fair trial will be guaranteed during this process.

In this context, strengthening the legal framework of the SEGBIS application and establishing clear regulations regarding its use are of great importance. Issues such as obtaining the consent of defendants when including them in this system, and avoiding the use of SEGBIS except in mandatory circumstances, should be carefully considered.

The Future of SEGBIS and the New Opportunities Brought by Digitalization

In today's rapidly digitalizing world, it is inevitable that justice systems must adapt to this transformation. SEGBİS stands out as an important part of this transformation. In the future, it is expected that SEGBİS will further develop and integrate new technological tools that will enable trials to be conducted entirely in a digital environment.

Particularly with the integration of artificial intelligence and big data analytics into the legal system, it is predicted that the use of digital tools such as SEGBİS will increase. This will enable justice to be served more quickly, effectively, and securely.

In conclusion, SEGBİS is a significant step in the digitalization process of Turkish criminal procedure. This system contributes to more efficient judicial processes through the advantages it offers in terms of both security and logistics. However, carefully considering the legal and ethical dimensions of this digitalization process is crucial to prevent potential problems that may arise with the widespread use of SEGBİS. In the future, with the further acceleration of digitalization, the integration of SEGBİS and similar applications into the justice system will be inevitable.

Intern Law Faculty Student

Mert Emir Balci