Cybercrime Law in Turkey
Offenses in the field of Data Processing Systems Access to data processing system
According to Turkish Criminal Code Law Nr. 5237 Passed On 26.09.2004 (Official Gazette No. 25611 dated 12.10.2004) article 243/1 Any person who unlawfully enters a part or whole of data processing system or remains there is punished with imprisonment up to one year, or imposed punitive fine.
According to Turkish Criminal Code Law Nr. 5237 article 243/2 In case the offenses defined in above subsection involve systems which are benefited against charge, the punishment to be imposed is increased up to one half.
According to Turkish Criminal Code Law Nr. 5237 article 243/3 If such act results with deletion or alteration of data within the content of the system, the person responsible from such failure is sentenced to imprisonment from six months up to two years.
Hindrance or destruction of the system, deletion or alteration of data
According to Turkish Criminal Code Law Nr. 5237 article 244/1 Any person who hinders or destroys operation of a data processing system is punished with imprisonment from one year to five years.
According to Turkish Criminal Code Law Nr. 5237 article 244/2 Any person who garbles, deletes, changes or prevents access to data, or installs data in the system or sends the available data to other places is punished with imprisonment from six months to three years.
According to Turkish Criminal Code Law Nr. 5237 article 244/3 The punishment to be imposed is increased by one half in case of commission of these offenses on the data processing systems belonging to a bank or credit institution, or public institutions or corporations.
According to Turkish Criminal Code Law Nr. 5237 article 244/4 Where the execution of above mentioned acts does not constitute any other offense apart from unjust benefit secured by a person for himself or in favor of third parties, the offender is sentenced to imprisonment from two years to six years, and also imposed punitive fine up to five thousand days.
Özgür Eralp
(Lawyer – Advocate – Attorney At Law – Legal Adviser – Counselor at law)
Ankara-İstanbul-Turkey
legal@ozgureralp.com
www.ozgureralp.com