IT-Internet Crimes presentation titled the first section is comprised of two main parts, the "cyber crimes," the second section with cyber crime as a means of communication in terms of relevancy and "Internet" issue will be studied.
I-cyber crimes
Four separate sub-headings will be presented in this section before the information of the description will be made later during the Turkish Penal Code and regulations, cyber crime and related Supreme Court decisions and the Turkish Penal Code in 2000 draft and given to the regulations related to information and reviews will be presented.
A-Recipe
IT word various dictionaries, "People, technical, economic and social field, in communications they use, scientific basis for the information, especially electronic machinery through the orderly and rational manner the processing of information in electronic devices to collect and process science, informatics," as explained.
Defined as a crime in this area and violations;
a-computer crime,
b-Computer-related crime,
c-PC delinquency,
d-electronic crime,
crimes committed through e-Computers,
f-IT crime or delinquency,
g-IT Violation
is like trying to be expressed in different terms.
In daily life, mainly IT and computer word synonymous expression, as if being used although this is a mistake from the ibarettir.Zira dictionary computer definitions, "a large number of arithmetic or logical operations comprising a task previously given to a program made according to the results by the information and stores the electronic instruments, electronic brain , computerized "as is provided, the above two definitions each other with the overlap is not clearly görülmektedir.Bilişim words, computer benefit from the information storage, processing other people's benefit is presented to the making and transmission activities, on these activities to realize the most important factor in the device represents.
Computer crime or cyber crimes on everyone's alliance where a recipe or the most widely recognized that describes the European Economic Community, Committee of Experts of the May 1983 Paris meeting held at the tanımlamadır.Bu defined according to the cyber crimes, "information automatically processed, or data In a system which is useful to transport illegal, no longer held any moral or unauthorized behavior "is.
Described as in the cyber crime of the sort in the unity yoktur.Konu dealing with some experts, the scope into the possible acts deemed satisfied by, and into groups classified as requiring not, some experts, these offenses two, three or four main headings is reviewing.
If you are a member of the European Economic Community in a recommendation to the crimes ayırmıştır.Bunlar five respectively;
The resources available in one-computer or in any way illegitimate access to the value to ensure the transfer of computer data entry to deliberate, to disrupt them, to remove, destroy,
2-a deliberate fraud to enter computer data or programs, to distort, delete, destroy,
Three-computer system to prevent the deliberate work of entry to computer data or programs, to disrupt, delete, destroy,
4-commercial meaning in order to take advantage of the rights of legitimate owners of a computer program, undermine,
5-computer system without the permission of charge, to overcome security measures have been put through the system by entering intentionally to intervene.
B-Turkish Penal Code and regulations
Cyber crime concept of the Turkish Penal Law for the first time in 1991 and 3756 by Law No. entered the IT field in the Crimes under the Turkish Penal Code 525 article of the (abcd) clause in the arrangements of the law makers of our information space violations cyber crime as a naming preference is observed.
525 of Article (d), IT guilty about what must be given (public service or profession or art, or trade a certain period of prohibition) in the form of fer the penalty related to whether (a), (b) and (c) in paragraphs describe is done Showing five different types of crime to speak of sanctions mümkündür.Bunlar respectively;
1-System, and secrets in violation of law which constitute the information obtained as to find out whether (a-1)
2-harm to someone else to use the information contained in the system, transfer, duplicate, (a-2)
3-no other damage or to him or someone else's benefit to the purpose of the system and the elements to destroy, modify, delete the system's functioning to prevent the wrong way to operate to provide, (b-1)
4-for himself or someone else using the system in favor of benefits to illegal, fraudulent, (b-2)
Counterfeiting is done by using five-System. (C)
C-IT-related crimes in the Court of Appeal decision
Rather than against the victim of cyber crime against business TCK.nun 71.maddesi considering the provision of action for each one of the victims should be evaluated separately.
Y.6.C.D. 02/02/1999 1999/172-102
1-defendants of the pump pressure as the petrol station credit card and oil fields complainants that has forgotten cards, complainants on behalf of different dates of petrol like chips organized and signed the debit through the bank charged that claims to be against the action sübut if TCK.nun 3679 by the Law no different 504 / 3 . The article does not form prescribed in the crime and can create and appreciate the evidence and the debate has entered the top grade heavy penalties under the jurisdiction of the courts go to trial without considering the decision in writing,
According to two-Acceptance; TCK.nun 525/b-2.maddesine wake of the crimes under the jurisdiction of the criminal court of first instance, without considering entering the trial continued to be in a written decision required a reversal.
Y.6.C.D. 3/11/1998 1998 / 9563-9816
(In this case Karacabey Criminal Court of Peace has given the information a criminal conviction is related to.)
Although prepayment under TCK.nun 119.maddesi because of the elimination decision not subject to appellate review if the appeal of the deputy involved in crime due to the qualifications for the examination:
The indictment accused CINE-five publications with a device without permission by solving the FTA as a public and overt collective illustrated and watch is TCK.nun 525/b-son pursuant to punish the prompt and public trial opened, the defendants set-top boxes do not have the workplace, CINE-5 feeds FTA as others watch defended, Samsun 3.Noterliğinin 22/10/1995 day and 35 237 No. arrangements in the shape identified in the minutes of the 10/22/1995 the day of Samsun Sunday Quarter, Çiftehamam Street, Culinary Marketing Kantariye and Food Ingredients, Flavor Biscuit Black Sea Region Reseller of the workplace code without television Fenerbahçe-Galatasaray league crowd of the customer group were watch.
First of all the above mentioned business owner and watch people as suspects investigated by the owner and follow person in the dock that determine if a notary public in determining the specified password without watching the match it mean that decoder inserted whether or not, installed the decoder of the accused or someone else as to whether the connected If not CINE-five publications in the code what the problem was, another tool is used and not used, the dish antenna monitoring points on the availability of not investigated and the accused legal status determination and discretion when it should defect investigation and prosecution and in writing the provisions establishing the law is contrary.
Y.6.C.D. 11/11/1997 1997 / 10376-10580
A-technician that the accused is running "X-Bar" type telephone switchboard shaped some phones "sliv" plucked the strings by contours of writing block, and sometimes these contours by hand in small quantities progress then the situation to hide and others benefiting consists in the actions, "sliv wire-contour" mechanism with the IT are the subject of crime "were subjected to automatic processing of information system" to investigate whether the results by referring to expertise:
1) to determine if such a system that TCK.nun 525 / B, 80;
2) in itself a system, although not to the system putting data "input" task did to determine if the law referred to the system's narrow sense, a computer?, Or physical and abstract elements with complementary broadly an informatics system in that discussion to:
a-system in the narrow sense, and agree that the physical means of a computer system, except in the case of data placement mechanism of action is not considered cyber crimes suspect's action TCK.nun 240.80;
b-law referred to the system at large information system as that adopted in the case of the system data "input" that provides mechanisms for the system will take place, so the defendants action TCK.nun 525 / b, 80;
3) (Sliv wire-contour) setup what the law foresees in the sense that, in itself, a system, nor such a system data "input" to an item as that found if the action is still of the Act 240.80. Article will come oversee being incomplete investigations and insufficient reason in writing way (TCK.525 / b, 80) to establish provisions,
According to B-Acceptance pursuant to paragraph TCK.nun 525/d.madde, and prohibition from profession or art is not given.
C-participating attorney, the administration is against the law of no fixed rule on retainer.
Y.4.C.D. 24/03/1998 1998/1101-2021
Convicted of wrongly taking the complainants own card and using the password withdrawal state machine credit account withdrawals same through which crime; continuum our Department case and YCGK.nun 04/11/2000 day and 2000/6-62-72 decree as mentioned in TCK.nun 525/b-2.madde paragraph of the same law, and 491 / 3 with a criminal matter determination is contrary to law.
Y.11.C.D. 06/02/2001 2001 / 991 2000 / 5573
1-accused, neighbors, the Aysun Mercan and Ugur document to the bank from the monthly statement and capturing these documents use information, and the house in enkodem device with its own credit card's magnetic strip back jeans through the Internet by foreign companies and goods orders in the claim had been According
First, contact the faculty member, electronic engineer, and the Bank and Credit Card Center, the business knowledge and expertise of the three-person expert committee formed of the defendant in the commission TCK.nun 525 / a and (b) shown;
a-data were processed automatically by the program from a system, data or any other violation of law, conceived as an element to
b-automatically processed information in a system program, data or any other element to use to harm someone else,
c-no other damage or to him or someone else's benefit for the purpose, the information automatically processed a system or data or any other factor partly or completely destroyed, or change or delete, or the system's functioning to prevent or wrong way to operate to ensure
d-data processed automatically using a system of law in favor of himself or another against the benefits to
Situation in any one or more of the availability certainly has been identified, the suspect's legal status discretion required, while the non-specialist surveyor's statement on the basis of action fraud attempt as the TCK.nun 504 / 3,61,522. Substance and application be made,
According to two-acceptance, value and economic conditions of the criminal history according to the purchasing power of money is so exorbitant that is contrary to the law are not observed.
Y.6.C.D. 11/29/2000 2000 / 4851-8874
The hotel manager was defendants who belong to the decoder can not be identified, and CINE-5 Film Productions Inc. non-broadcast subscription agreement with the FTA to follow the action in the form of acquittal without considering the legal nature posed in written form rather than conviction is against the law to be decided.
Y.6.C.D. 9/11/1998 1998 / 10188-10082
1-Administrators work as the bank's computer system by entering the duly opened a pension credit limit bankomat account credit limit raise, and also their own behalf improper as bankomat 7 / 24 accounts opened through an unfair advantage is created according to accepted the defendant act TCK.nun 525.maddesinin 1.fıkrasındaki crime without considering where appropriate, the provisions of Article 2.fıkrasıyla establishment
2-defendants to commit a crime by the decision of the same provisions of law described in paragraph two of the first actions although it was understood that the violation is against the law is not applied in the provision teselsül.
Y.11.C.D. 2/12/1997 1997 / 5052-6536
1-accused, has received a contract with a decoder for use at home violate the provisions of this agreement as a benefit offered elsewhere in the legal nature of the action consists in the establishment of provisions being considered in writing,
According to two-Acceptance; TCK.nun 525/b-2.maddesinde according to the prescribed punishment for the same location in the application of the law does not 119.maddesinin events are not observed is contrary to law.
Y.6.C.D. 09/25/1997 1997/8217-8223
Accused of the Yapi Kredi Bank belongs to the debit of the money exiting the section of adhesive tape pasting by the money out of the block and post here to receive soon, stay tuned consists of the actions of information, automatically processed, has kept the system in a technical sense an intervention not count observed without and cash machine is located where the building skills in the absence or investigate whether the results according to ; TCK.nun 492 / 1.491 / First item in the decision to discuss the possibility of being applied as the law will violate the law to be applied with 525/b.maddesi.
Y.6.C.D. 03/11/1997 1997/2358-2515
Defendant's benefit to work with the bank information in automated processing system, Prestige card limit raise obtain the card and password with ATMs multiple withdrawals to your credit limit to increase by system change incorrect handling of the provided file scope understanding by ash in the actions TCK.nun 525 / b-1, 525 / d, that must be observed 80.maddelerine fit.
Y.6.C.D. 05/23/1995 1995/4699-5273
Accused unjustly captured someone else's debit card and ATM withdrawals would like to, but the password does not know in the face action TCK.nun 493 / 2.61. Article fits the crime created without thinking in writing provisions to establish law is contrary.
Y.6.C.D. 05/05/1997 1997/4642-4661
Look at the crimes related to 525.maddesinde TCK.nun of the task of public prosecution in criminal court of first instance, still belongs to the trial without considering the establishment of provisions in a written statement is contrary to law.
Y.6.C.D. 09/11/1998 1998 / 10205-10071
Apartment with private disputes between local courts, the accused in the theft of a fixed common action item TCK.nun 491/ilk Do the crime, if you created the TCK.nun 525/b-2.maddesinde hususundadır.6.4.1990 held on cyber crime, and 2 / 3 No. Court of Appeals Precedent Merge Great General Council Decision of the grounds and all courts and binding acceptance in the face; concrete in the event the accused, cordless phone with the inventor of the frequency by entering a speech to action, the "IT in the field of crime" under the 3756 Law No. with the revised TCK.nun 525.maddesine rather than be punished according to Article 491/ilk gerekmektedir.Esasen, arranged in different ways later 525.maddesinde TCK.nun, wireless phone calls through the leakage of the text included in this article about whether the phrase had been subjected to sanctions is not available.
Y.C.G.K. 25/06/1996 1996/6-151-152
Subject matter in the event that the defendant stolen credit card and the card holder's signature to mimic the different stores to shop by himself and his accomplice to the unlawful benefit the doubt Although there is no credit card to be shown, and this card is valid after determining forgery by removing the shopping TCK.nun 525 / b. The article in the crime fledged search for the system's requirements fulfilled is possible to say değildir.Eylemin informatics crimes to be accepted among the points system used, and events on our credit card, the trust benefited from the store's cheating when a credit card, an ID card such as the use, or the law vazıının purpose in the sense that a the use of systems that we see no objection to the second action by reference to the acceptance and appeal of criminal fraud to be qualified opinion was there.
10/13/1994 97/106 Supreme Council of Military Department
System-12 complaints board connected 762 47 42 762 52 32 number of phones, computer data, change the new command as a result kontürlerini by stopping the central disk and memory in any record held not to provide the accused action TCK.nun 525/b-1, 251.maddelerine fitting special criminal in In general terms without considering the nature of the law 240/1.maddesi with the same decision is contrary to law.
Y.4.C.D. 02/25/1998 1998/11798-674
Code of the involved company's decoder outside a special instrument with the aid have been resolved were it does not, according subscription agreement with the received decoder contract contrary to the provisions as elsewhere in the benefit offer consists action legal quality in the respect being accused hükümlülük a decision,
According to accept;
a) applied according to the duration of the penalty under Article 119.maddesi TCK.nun accused in accordance with recommendations of no pre-payment,
b) The law of substance rather than the optional penalty is contrary both to law enforcement.
Y.6.C.D. 12/29/1997 1997 / 13195-13244
GIN-5 Film and Production Inc. with the subscription agreement without UT called the hotel CINE-5 running track notary through identified was the well, thus using decryption by means of whether the detected, according subscription agreement obtained by decoding the contract contrary to the provisions as elsewhere benefit offered consists of three action legal nature in the establishment of provisions being considered in written form is illegal.
Y.6.C.D. 2/12/1997 1997 / 11750-11698
Defendant, an event playing on the Fenerbahce-Samsunspor match live the live stream of the dish antenna via satellite from the Giresun's makers reflects the defense have the opposite, at the scene expert experts through a review built, set-top boxes without the use CINE-5 running thus obtained be possibly as to whether and also determine whether the decoder is not whether there are subscribers, according to the results of the determination of legal status as required by the investigation in a written wanting to establish provisions are contrary to law.
Y.6.C.D. 06/22/1997 1997/6043-7210
Plant operating engineer A.G.Ö. the rest, and defendants accepted as the computer does not deliver the command to circle the spelling without the phone in the city between and 900 conversations open and hungry they never detect, and according to the results of their actions TCK.nun 525/b.maddesine whether to enter does not should be discussed when the missing analysis and inadequate reason the provisions establishing the law is contrary to .
Y.4.C.D. 11/20/1996 1996 / 7598-8663
Defendants, the public institution is considered the Agricultural Bank and private banks in the nature of Foundations Bank's various branches in the bank officials of fraud and desise by making mistakes reduced to the previous fictitious names, open the accounts to transfer funds through the transfer by providing money to the cashier to deposit without having the debit card with support achieved by the fraudulent acts of TCK.nun 504 / 7.80. and 503 / 1.80. substances formed by the wake of a crime without considering the application of the law be made in writing with 525/b.maddesi is contrary to law.
Y.6.C.D. 11/11/1996 1996 / 11031-10933
D-Turkish Penal Code, the Draft Regulation on
Turkish Penal Code Draft of the Second Book of the Second Part of the Ninth Division, "Information in the Field of Crime," the title label and in this section 345 article begins with the 351 th article ended with seven different substances mevcuttur.Tasarının 345th article of the grounds in the IT field, "the data gathered after placing them automatically subjected to handle the possibility of providing magnetic systems "as described edilmektedir.Halen in force on the 525th article in the" information automatically processed have systems ", expression give the same meaning to" information system "in the words of the use is deemed appropriate also because the explanation is understood.
1-345 th paragraph, no purpose, no matter unlawful in the system to be entered as a crime to accept that the system unfairly as a general intent with the entering of the crime for development is enough, the perpetrators of the specific and special motive in moving is not mandatory.
The article's second paragraph of a new type of offense established not to the first paragraph due to an aggravating cause düzenlemektedir.Failin which reason, whatever the system unfair and a deliberate way to enter the results on the system, the data will be destroyed or changed only this result because the offender a heavier penalty punished. where the offender entered into the system and as a result of the destruction of data or whether the perpetrator was sufficient to change also does not matter whether you want this outcome.
Third paragraph, according to the system wrongly entered attempt in case the offender to the crime completed such sentence given that konusudur.Diğer words fail to crime enterprises in the form of general discount items as the draft's 37 or Article 38 in the discounts may not benefit.
As is well known Turkish Penal Code 525 Article intellectual property rights, not the system in the data and thus the data owners legal interests remain the same understanding of the new amendment also are protected 345th article of the reasons the anlıyoruz.Çünkü reasons clearly 'Literary and Artistic Works Act places areas and systems within the program provisions relating to the reserves. "also be called through the bill in the cyber crime related matter of intellectual property infringement in the case of the application can not be accepted bulunmaktadır.Gerçekten de 5846 No. Literary and Artistic Works Act 4630 by the Law no different," Definitions "heading 1 / B, clause (g) (h), (i) in paragraphs "computer program", "Skins", "Araişlerlik" the concept descriptions were made, "Literary and Artistic Works Types" section in Article 2, the computer programs and preparation sayılmıştır.Dolayısı between science and literature designs and computer programs of Literary and Artistic Works of the Law No. 5846 and taken under protection.
2-346 of Article 1 of the paragraph, information systems for the job as the reversal, prevention, such as causing harm acts a crime into a getirmektedir.Burada protected things, information systems, in other words, the computer's physical assets and systems while discarding all other components.
In the second paragraph of the information system data insertion, data destruction, alteration of a crime and made into and application of this paragraph to be the perpetrator of this result of the realization for a specific intent to act with the gerekmektedir.345 Articles in paragraph two of the perpetrators, a specific intent to not want, but the system wrongly entered as the reason for caused to occur with the result here is being punished for acting with intent to realize that it performs a special number of the above because of the acts punished.
In the third paragraph of the offender, with the actions of the two paragraphs above, someone else's expense, to the benefit of himself or someone else to obtain an unfair financial benefits into the state of information systems are being punished.
346 Article of the first paragraph in the penal amount from one year to three years imprisonment, a billion pounds, five billion pounds a heavy fine and this paragraph in the action an unfair advantage out with the goal of achieving and therefore the action of the third paragraph fit in the case, an aggravated case because the criminal the amount of two years to six years imprisonment and up to two billion pounds, ten billion pounds out heavy penalties to be seen.
The second paragraph in the penal amount of three years to six years imprisonment and three billion pounds, ten billion pounds a heavy fine, although the third paragraph of the wrong of deceit actions to the second paragraph of the made in accordance with the processing and aggravated circumstance to occur in the case in the second paragraph predicted less of imprisonment and fines the minimum terms of appointment as to be able to understand değildir.Yukarıda expressed as a third paragraph in the sentence The minimum of two years and fines of at least limit the two billion pounds and the amount of second paragraph in the minimum limits also below.
Article 346 of the criminal offense to fail in the attempt to complete the sentence as the offender 37 or Article 38 of the bill will not benefit from the discounts.
There are two separate crimes in Article 3-347 Type:
First, information system skill with and a special intent in the field of law on the offenders targeted by an extension to reach the information system data to place the existing data, deface copies of forged documents oluşturmaktır.Suçun formation for the perpetrators of the document to generate enough of the document creating the crime is completed, gerekmez.Sahte also be used if a document has used it to perform well because of the offender, a second penalty is given.
The second type of crime, than perpetrators of fraudulent documents by the other person a false document knowing the state.
This article penalty amount from one year to three years hapistir.Sahtecilik to intent and purpose even if there are similar acts from three years to six years imprisonment and three billion pounds, ten billion pounds a heavy fine and punish 346th Article of the second paragraph, the sentence is less than criminal scheme was seen . fake documents issued intent, without computing system of law in contravention of the data into the current data, destroying, changing people more severe penalties, false document is issued for these acts have committed other, less penalties are very reasonable görülmemektedir.Belki 346 Article the second paragraph of the editing someone else's IT system to enter, 347 Article arrangements in the person's own information systems to enter and forged documents to create related but article text with the reason for this conclusion is difficult to gözükmektedir.Kişi someone else's information into the computers of false documents may issue, the distinction clearly of making There is no doubt more will fit.
4th-Bill's 348 in Article 345 and 346 of Article held in criminal process about the people in these articles are written in prison and fines in addition to, needs to be, fer the punishment referred to as the "public service or profession or art or commerce, six months and three Until this year banned "," crimes used in the institutions two months to one year closure, "" acts in the processing of used cars or a crime occurring things confiscation or property to the state to pass "measures are given.
347 article referred to in fraud crime jobs in case of a fer the punishment of the absence of this application 345 and 346 of Article of longing remarkable, 348th article of the reasons for this effect, the explanation is not.
5 - "bank or credit card misuse," Chapter 349 of Article written purpose of this article, the rationale also stated for these cards unfair, unlawful use as through banks or credit of the damage put to the, thus removing the provision is to prevent.
As is known, debit card, the bank was set up in accordance with law, to enter into information systems, known by a number of card holders by means of the contribution of workers without bank cards to withdraw money from their account provides the holder.
If credit card, bank customers under a contract made between the person's bank credit facilities from the previously determined conditions, which is a tool that allows them to.
Compared to the two cases referred to in Article occurs shall constitute a crime in the first paragraph:
a-someone else's bank or credit card, in any way, regardless seized after the owner's consent, contrary to the use, someone else's, thus, the perpetrator himself or another an unfair advantage of,
b-owner must be given to a bank or credit card to be used by anyone who possesses it, or someone else's
