Ceza Muhakemesinde Teknik Araçlarla İzleme

Abstract

Whilepulling off a crime and evading criminal examine, criminal organizations taking advantage of technological progress arriving the point of today are both having better organization and easier and faster communication. This professional procedure which criminal organizations have is making difficult law-enforcement forces to reach to crime and perpetrators. That is why in addition to classical methods of preliminary injunctions such as perquisition, seizure and arrest, new injunctions have been added such as observation with technical tools to Turkish Criminal Procedure Code. Observation with technical tools is a secret preliminary injunction being applied in order to gather of evidence of a crime and reach to perpetrator or perpetrators with the help of technical tools providing observations and judicial wiretapping such as video camera and bugging devices. In order to apply the preliminary injunction of observation with technical tools, all these conditions occur: strong crime suspicion starting from concrete evidences, not having evidences with another ways and committing a crime through the crimes enacted Turkish Criminal Procedure Code article 140. The preliminary injunction of observation with technical tools, executing by having used expert people in technical substructure, enacted in order to overcome the obstacles occurring especially organized crimes can interfere with fundamental rights and freedoms especially right to privacy because of being one of preliminary injunctions. That is why, this preliminary injunction should be applied respecting fundamental law principles, proportionally and abiding the Codes.