Dijital Deliller ve Delil Yasakları

Abstract

Since the first moment of the history of humanity, various means of evidence and evidence have been used to reach and detect the offender. As crime types and means of crime have changed and evolved, evidence detection and analysis methods have changed over time. At this point, with the rapid advancement of technology, the emergence of various and new types of crime that can affect many people at the same time in the global world is inevitable. Wherever you are in the world, it is now possible to commit crimes in one way or another that affect one or more people on the other side of the world through the Internet and digital systems. This, in turn, has led states to safeguard their cyber security. For this reason, firstly, it has made a legal regulation to protect its own citizens in domestic law and then it has been forced to cooperate internationally. The way in which classic crime types are committed and the method of evidence is different from the crimes committed through digital systems. For this reason, both criminal types and methods of obtaining evidence are regulated exclusively in Turkish Criminal Law. The main purpose of the methods of obtaining and proving evidence is to reveal the material truth for a past event. There are also legal requirements, technical methods and scientifically accepted methodologies that must be followed when uncovering material truth. The purpose of the Code of Criminal Procedure No. 5271 is not to punish the accused but to prove the event and to reveal the material truth in the light of the information provided by the evidence obtained in accordance with the law on the basis of a certain intensity of suspicion.

Because digital evidence is both different and more open to manipulation than other classical proofs, it is a matter of adherence to laws and technical rules when obtaining evidence. Otherwise, the material truth cannot be revealed, and major violations of rights will be ensured and as a result of this, evidence bans will be introduced. In order to obtain digital evidence in the Code of Criminal Procedure No. 5271; It has been arranged as a search, copy and seizure protection measure in computers, computer programs and files. Although the margin heading of the respective substance is initially considered only as a protection measure for computers, it will find application for all devices and systems containing digital data, as detailed below. As a requirement of being a state of law, the principle of freedom of evidence is adopted in the criminal procedure law. The material facts of a past event can be proved by all kinds of evidence, provided that it is not contrary to the law. On the other hand, if protection measures are implemented, it will naturally come into question to intervene in some fundamental rights and freedoms. For this reason, the evidence obtained by protecting the person's rights and freedoms will help to identify the offender and the offender.