Criminal Law and Digital Crimes in 10 Questions — Atty. Gizem Gonce

Stalking is regulated in Article 123/A of the Turkish Penal Code. Physically following someone or trying to contact them persistently by using communication tools, informatics systems, or third parties can constitute a crime if it creates serious distress on the victim or causes them to worry about the safety of themselves or their relatives.

Every disturbing behavior is not automatically considered the crime of stalking. The conditions specified in the law must be realized in the concrete case. It is important for the victim to keep messages, call records, and other lawful evidence.

Insulting actions carried out via the internet can also be evaluated within the scope of the Turkish Penal Code. Complaint and investigation processes can come into question regarding insults made through social media accounts, messaging applications, and other digital platforms.

The fact that the real identity of the account is unknown does not prevent making a legal application. If deemed necessary by the prosecutor's office, platform records and other technical data can be examined. However, acting quickly is important due to the retention periods of digital records and processes regarding platforms centered abroad.

Sharing a person's photo without permission does not produce the same legal result in every case. The nature of the photo, where it was taken, the purpose of the sharing, and whether it constitutes an interference with the person's private life must be evaluated.

Depending on the characteristics of the concrete case, violation of the privacy of private life, unlawful acquisition or dissemination of personal data, and violation of personal rights may come into question. The victim can request the removal of the content, blocking of access, and material or moral compensation if conditions are met.

Opening a fake social media account by using someone else's name, photo, or personal information can create legal and criminal liability. Depending on the nature of the action, crimes such as unlawful use of personal data, violation of the privacy of private life, insult, threat, or fraud may come into question.

Every opening of a fake account does not constitute the same crime on its own. The purpose for which the account was opened and what kind of actions were committed are important. It is possible for the victim to apply to the prosecutor's office by preserving screenshots, account links, and communication records.

Unlawfully obtaining personal data can bring up the crime regulated in Article 136 of the Turkish Penal Code. Unlawfully giving, disseminating, or obtaining personal data to someone else can create criminal liability.

In addition, Article 135 may be important regarding the recording of data, and Article 137 regarding qualified cases specified in the law. Besides this, administrative sanctions within the scope of the Personal Data Protection Law can also come into question. The protection of personal data is not only digital security, but a fundamental legal right.

Blackmail is regulated in Article 107 of the Turkish Penal Code. It may arise where a person threatens to do or refrain from doing something that they are entitled or obliged to do, in order to compel another person to act unlawfully, to do or refrain from doing something they are not obliged to, or to provide an unlawful benefit. The article also covers threatening to disclose or allege matters harmful to a person’s honour or reputation in order to obtain a benefit for oneself or another person.

Asking for money with the threat of sharing private images or personal information can bring up blackmail and other crimes, depending on the concrete conditions. The victim can apply to law enforcement or the prosecutor's office by preserving messages, account links, and other lawful evidence.

A person who loses their money due to fraud has application opportunities within the scope of both criminal law and private law. First of all, the incident should be reported to the bank immediately, and if possible, stopping the transfer or requesting the necessary procedures to be made regarding the recipient account should be requested.

Filing a criminal complaint with the prosecutor's office is also important. The information obtained within the scope of the criminal investigation can be useful in terms of tracing the money. However, filing a criminal lawsuit does not mean that the money will be returned automatically. Receivables and compensation lawsuits can also come into question depending on conditions.

Taking voice recordings without permission can bring up crimes of violation of the privacy of communication, listening and recording conversations between individuals, or violation of the privacy of private life, depending on the characteristics of the case.

In particular, recording a private conversation without the consent of the parties carries legal risk. In judicial practice, in some exceptional cases, conditions such as the absence of any other possibility to prove a sudden attack directed at the person or an unlawful behavior can be evaluated additionally. These exceptions do not grant an unlimited recording authority. Each case must be examined within its own conditions.

Persons who, after being apprehended or arrested in accordance with the law, are decided not to be prosecuted or are acquitted can request the compensation of their material and moral damages within the scope of Article 141/1-e of the Code of Criminal Procedure. For this, it is not mandatory to additionally prove in every case that the detention was unlawful from the beginning. The exceptions and application conditions in Article 144 of the Code of Criminal Procedure must also be examined.

In requests within the scope of Article 141/1-e, f, and l of the Code of Criminal Procedure, the path of applying to the Compensation Commission is applied in accordance with Law No. 6384. In other protective measure compensation requests, the duty and jurisdiction rules in Article 142 of the Code of Criminal Procedure are taken into account. The finalization of the decision, its notification, the application date, and transitional provisions are important in terms of the path to be followed.

The deletion of criminal records is subject to certain conditions within the scope of Criminal Record Law No. 5352. Upon the execution of the sentence, the disappearance of the criminal conviction, or the realization of other conditions specified in the law, the deletion or archiving of records may come into question.

The deletion from the criminal record and the deletion of the archive record are different processes from each other. Every conviction record is not deleted within the same period and under the same conditions. Therefore, the type of sentence of the person, execution status, and legal consequences must be examined separately.