Türk Ceza Kanunu'nda Bilişim Suçları

This book was prepared by developing the author's doctoral dissertation on the offence of "hindering or disrupting a system, and destroying or altering data" regulated in Article 244 of the Turkish Criminal Code, and by examining the other offences contained in the same chapter.

In determining the method of the study, the aim was first and foremost to reach all works written in this field in Turkish criminal law, and as far as possible every source examined is reflected in the book. In addition, the case-law databases of the Court of Cassation and the Military Court of Cassation were searched using the concepts "informatics", "cybercrime", "Article 243", "Article 244" and "Article 245", and all decisions found were examined and briefly assessed in the relevant sections.

The first chapter presents the fundamental concepts relating to information systems and cybercrimes, since they bear on the elements of the offences. In assessing cybercrimes, the history of the field is addressed first, followed by the characteristics of cybercrimes, the systematics of their regulation in statutes, and their types.

The second chapter assesses the manner in which cybercrimes are regulated in the Turkish Criminal Code. To make the examination more detailed and sound, each offence is treated under a separate heading.

The offences examined in the book are as follows:

• the offence of unlawful access to an information system, regulated in Article 243 of the Criminal Code;
• regulated in Article 244:
• the offence of hindering or disrupting the operation of an information system;
• the offence of corrupting, destroying, altering or rendering inaccessible the data in an information system, placing data in the system, or sending existing data elsewhere;
• the offence of obtaining an unjust benefit for oneself or another by means of an information system;
• regulated in Article 245:
• the offence of misusing a genuine bank or credit card;
• the offence of producing, selling, transferring, purchasing or accepting a counterfeit bank or credit card;
• the offence of obtaining a benefit for oneself or another by using a counterfeit bank or credit card.

The third chapter, given the sui generis structure of the subject, assesses the matters that display particular features at the investigation and prosecution stages.

The book refers, as far as possible, to the legal position in numerous countries and to the differing views in the doctrine; the provisions of the Council of Europe Convention on Cybercrime are also discussed, as the Convention seeks to establish a common international framework.

Finally, as to the aim of the work: the purpose in writing the book was to produce a resource that will assist researchers on cybercrime in a global age in which information has become the most valuable asset.