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What are Cybercrimes?

Dilek Yavuz Uysal
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What are Cybercrimes?

What are Cybercrimes? | Cybercrime Lawyer in Izmir | Izmir Law Firm | Izmir Lawyer

What is Information Technology and What are Cyber Crimes?

Information technology refers to the technology through which all kinds of information and data are processed and evaluated via electronic means. Cybercrimes can be ordinary and isolated, or they can be organized, which differentiates the types of crimes. Information technology encompasses all electronic systems, including electronic devices, communication, and the internet. Cybercrimes can be summarized as using these tools for illegal purposes.

What are Cybercrimes?

  • Fraud and forgery via computer
  • Impersonating real people or creating a false identity, etc.
  • Theft of trade secrets
  • Unauthorized and malicious use of bank or credit cards
  • The crime of obstructing, disrupting, destroying, or altering the system.
  • Drug buying and selling
  • Illegal publications
  • The crime of unauthorized access to another person's information system, unauthorized use of software.
  • Pornography
  • Terrorist activities
  • Hacking
  • Organ trafficking

What is the nature of crimes committed through information technology?

  • Using computer systems and technologies for cybercrimes,
  • It can lead to serious material and moral consequences.,
  • The lack and inadequacy of necessary laws and regulations,
  • Failure to report to security forces,
  • Those who commit these crimes are generally young people between the ages of 17 and 35.,
  • The fear of losing reputation and prestige becomes overwhelming.,
  • This can be exemplified by a lack of complete familiarity with the procedure that needs to be followed. 

Accessing the information system, Blocking, disrupting, rendering inaccessible, destroying or altering data in an information system. Crimes such as these are the basic categorization names of cybercrimes. Statistically, the most common cybercrime in our country is the crime of unauthorized access to a computer system. 

Identifying an IP address is crucial for proving the crime of unauthorized access to a computer system. An IP address is a kind of unique identifier assigned by the system to every computer connected to the internet. There are two types of IP addresses:

  • Static IP AddressA static IP address is a fixed and unchanging internet address assigned to a specific device or server.
  • Dynamic IP address A dynamic IP address is an IP address that changes each time you connect to the internet. Because IP addresses are limited, internet service providers assign a unique IP address to each user connecting to the internet. When a user's internet connection is interrupted, the same IP address is assigned to another user connecting to the internet.

The IP address required for the device used to access the internet in the crime of unauthorized access to a computer system must be determined by contacting the service provider. It should be specifically noted that, in cases where IP addresses are insufficient, GSM companies may assign a single IP address to multiple individuals by assigning a port number. Each program on a computer uses a separate port for communication. Therefore, two address numbers, IP and port number, are required for communication between programs on the computer; the IP address is shown as the port number. By obtaining the port information, which is not legally required to be kept, it becomes possible to determine who used the assigned IP address at the time the crime was committed (Y.8CD-K.2014/9860).

Cybercrime is relatively new in our country. Therefore, the laws regarding cybercrime are inadequate. The most comprehensive law enacted on this subject is... Turkish Penal Code No. 5237It is there.

Unauthorized access to and prolonged presence in an information system is punishable by imprisonment for up to one year. Sometimes, this punishment is replaced by a fine. If information is altered, destroyed, or corrupted, the penalty is imprisonment for six months to two years.

All cybercrimes and penalties are prepared in accordance with the European Convention on Cybercrime. However, as technology advances, cybercrimes are also becoming increasingly diverse. Therefore, the necessary laws and regulations in our country are insufficient and inadequate due to the emergence of new crimes.

Regarding Complaint Periods, Statute of Limitations, and Settlement in Cybercrimes: 

Cybercrimes, These are crimes that must be investigated ex officio by the prosecutor's office. Therefore, the investigation of cybercrimes is not subject to complaint. Consequently, the victim's statement of withdrawing the complaint does not cause the criminal case to be dismissed. If a report is made to the prosecutor's office within the statute of limitations periods stipulated in the Turkish Penal Code for cybercrimes, an effective investigation can be conducted. According to the Turkish Penal Code, the statute of limitations for the simplest cybercrime is 8 years. If the crime is reported after the statute of limitations has expired, or if the public prosecution is not concluded within the statute of limitations period, it is not possible to investigate or prosecute the crime.

It is important to note that even if the complainant has not previously had the opportunity to exercise their right to file a complaint, they can acquire the status of a party by intervening in the case during the criminal court proceedings initiated ex officio.

Mediation is an alternative dispute resolution method in which an independent and objective third party offers the parties to a dispute various solutions tailored to the specifics of the case, allowing them to negotiate these proposals and reach an agreement on one of them. 

In summary, it can be defined as an agreement reached between the accused and the victim of the crime through communication facilitated by a mediator. This is subject to ex officio investigation. Cybercrimes However, it is not among the crimes that fall under the scope of reconciliation.

Should I Hire a Lawyer for Cybercrime Cases?

The laws in our country are inadequate for dealing with cybercrimes. To ensure accurate references to the relevant articles of the Turkish Penal Code, correct identification of the crime type, collection of necessary evidence, and IP address tracing, and to avoid negative outcomes, it is wise to consult a lawyer specializing in cybercrime and related cases. 

For legal advice regarding this matter, please contact our team. Contact page.

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