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The wiki profiles provide an overview of a country's policy on cybercrime and electronic evidence. Every fiche includes a description of cybercrime policies/strategies, the state of cybercrime legislation, the channels of cooperation, international cooperation and case law.

For more information on a country's legislation, click on the legal profile in each country wiki.

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Turkey

Last updated : 24/11/2017

Status regarding Budapest Convention

Status : Party Signed : 10/11/2010 Ratified : 01/01/2015 Declarations and reservations : Declarations and reservations regarding Articles 2, 7, 14/ 3 (b), 22,24/7 (a), 27/2 (c), 29/4th para., 35/1, 40 and 42. See legal profile

Cybercrime policies/strategies

The Ministry of Transport and Infrastructure oversees cyber security activities at the strategic level with the National Cyber Security Board and USOM (Ulusal Siber Olaylara Müdahale Merkezi, the Turkish National CERT).

USOM monitors and provides warnings and announcements for cyber security incidents. It also establishes national and international coordination for the prevention of cyber-attacks against critical sectors. Sectoral CERTs are established and specialise in sectors recognised as critical infrastructure, namely transportation, energy, electronic communications, finance, water management, and critical governmental services. 

National Cyber Security Strategy and Action Plan 2016-2019 serves as a guideline for all governmental organisations, agencies, officials and legal entities. The Strategy and Action Plan emphasises that cyber security is an inseparable part of national security and call for all administrative and technical precautions to ensure the security of all national entities in cyberspace. 

The Government of Turkey has not yet adopted a cybercrime strategy.

On the basis of the 2011/2025 Decision of the Council of Ministers,the Department for Combating Informatics Crimes within the General Directorate of Security had  been founded in order to assemble the dispersed structure of the departmental offices and units of the provincial organisation, prevent duplicate investments and to effectively fight cybercrime. The current name of the structure is the Department for Cyber Crimes (approved by the Ministry of Interior on 28 February 2013).

Specialised institutions

In the Chief Public Prosecutor Office, especially in cities with large population, there is a specialised cybercrime bureau of investigation with specialised prosecutors.

There is no such structure for the courts yet.

The National Cybercrime Department of the Turkish National Police (TNP) investigates cybercrime offences and/or provides forensic expertise in supporting other agencies in the Police and Prosecution in matters where technology is a significant factor to a crime or related evidence.

The telecom companies’ activities are subject to the regulation of Information and Communication Technologies Authority (BTK).

There is also a Personal Data Protection Board (KVKK).

 

Jurisprudence/case law

The Criminal General Assembly of the Court of Cassation dated 21.06.2011 and 2010 / 5-187-2011/131 numbered resolution:  "The records obtained by the attendant in the same environment with the defendants on the grounds that they wanted to bribe him, it is not appropriate to accept it against the law because it is assessed within the scope of Article 135 of Law No. 5271 and it is carried out without a decision of judge.”

The 23rd Criminal Chamber of the Court of Cassation dated 5.11.2015 and 2015/12208 - 2015/6214 numbered resolution: “According to Article 135 of the Law No. 5271 because the crime of abuse of trust which attributed to other defendant who are determined to communicate with the defendant is not from the catalog crimes listed in Article 135.It will be prohibited according to Article 206 of the CMK there is no material evidence that the defendants committed a crime and that the HTS records could not be sufficient evidence of the conviction.”


*This designation is without prejudice to positions on status, and is in line with UNSC 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.

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