Cyber ​​Crimes Lawyer

Cyber ​​crimes lawyer provides legal support for crimes committed via the internet, computer systems, social media, bank accounts, digital data and electronic communication tools. These crimes require careful examination of technical evidence for both the victim and the suspect.

Due to the intensity of digital commerce, social media use, online banking and e-commerce activities in Istanbul, cyber crime cases frequently come to the fore. For this reason, IP records, log records, bank transactions, device reviews and digital correspondence are among the most important elements of the process.

What is Cyber ​​Crime?

Cybercrime refers to crimes committed using an information system, internet, digital device, social media platform or electronic data. These crimes may be directly directed at the information system, or they may be committed by using the information system as a tool.

For example, while unauthorized access to an account can be directly considered a cyber crime, the IT system can be the tool of the crime in fraud committed over the internet. This distinction is important in terms of the law to be applied and the defense strategy.

What Does a Cyber ​​Crimes Lawyer Do?

Cyber ​​crimes lawyer evaluates digital evidence, bank records, social media content, IP and log records during the investigation and litigation process. It follows the process of filing a criminal complaint, determining evidence and reparing the damage for the victim.

For the suspect or defendant, it is examined what type of crime the alleged act falls into, whether the evidence was obtained in accordance with the law, and the level of connection of the person with the incident. Technical evidence analysis is at the center of defense in cybercrime cases.

In which law are cyber crimes regulated?

Basic crimes in the field of informatics are regulated in the Turkish Penal Code. TCK Article 243 regulates illegal access to the information system, TCK Article 244 regulates the acts of blocking, corrupting the system, destroying or changing data, and TCK Article 245 regulates the misuse of bank or credit cards.

In addition, crimes such as online fraud, unlawful seizure of personal data, violation of privacy, blackmail, threats and insults may also come to the fore in cybercrime files.

What are the Types of Cyber ​​Crime?

Cyber ​​crimes can occur in different ways. The evidence, application method and penalty assessment are different in each type of crime.

Crime of Breaking into Information System

The crime of breaking into an information system may occur by unlawfully entering all or part of an information system. This crime is regulated under Article 243 of the Turkish Penal Code.

For example, unauthorized access to someone else's e-mail account, social media account, company system or digital platform account can be considered within this scope. The short duration of entry is not always decisive in terms of whether a crime has occurred or not.

Blocking, Corrupting the System or Changing Data

TCK Article 244 regulates the acts of preventing or disrupting the operation of the information system and destroying, changing, making inaccessible or sending the data in the system to another place. This crime covers more severe interventions into the information system.

Deleting company data, rendering the website inoperable, changing system files or illegally transferring digital data may come to the fore in this context. The intent and technical connection of the perpetrator are evaluated on a case-by-case basis.

Misuse of Debit or Credit Cards

TCK Article 245 regulates crimes related to the unlawful use of someone else's debit or credit card. Capturing card information, using it for online shopping or creating a fake card can be evaluated in this context.

Bank transactions, 3D security records, IP information, shopping platform records, delivery address and camera images are important in these files. It is also examined whether the card holder has consent.

Online Fraud

Online fraud can be committed through fake product advertisements, fake investment promises, shipping or payment excuses, fake sites, cryptocurrency promises or deception via social media. In these files, the information system is often used as a tool in committing the crime.

Using information systems as a tool within the scope of TCK Article 158 may raise the allegation of qualified fraud. The victim's payments, correspondence, bank account and advertisement records are the basic evidence of the investigation.

Social Media Account Takeover

Account takeover on Instagram, X, Facebook, TikTok, LinkedIn or similar platforms is common in cybercrime cases. Posting on behalf of the victim, requesting money, or disseminating personal data after the account is compromised may bring up different crimes.

Quick action must be taken in such incidents. Account URL, username, email notifications, login alerts, screenshots and platform support records should be kept as evidence.

Illegal Seizure of Personal Data

Unlawful capture, recording, dissemination or transfer of personal data to others may have consequences in terms of criminal law and personal data protection law. This may include phone number, identity information, address, photo, health data or bank information.

In addition to the provisions of the Turkish Penal Code, the Personal Data Protection Law No. 6698 is also important in files related to personal data. It is investigated how the data was obtained, with whom it was shared and for what purpose it was used.

Violation of Privacy

Violation of privacy in the digital environment may arise when private images, sound recordings, messages or personal content are recorded or shared without permission. Such actions can lead to severe consequences.

It is important for the victim that the content is quickly identified and removed. For the suspect, the way the content was obtained, the will to share it and the legal nature should be carefully evaluated.

Digital Blackmail and Threat

Blackmail and threats made via social media, messaging applications or e-mail may be subject to cybercrime files. Demanding money, especially with the threat that private images will be shared, is a common example.

In this case, correspondence should not be deleted, screenshots should be kept with the date and user information. If money has been sent, bank receipts and account information are also important.

Fake Site and Phishing Methods

Obtaining personal information by posing as a fake bank site, cargo tracking site, e-government-like fake screens or shopping site is common in cybercrime investigations. Card information, passwords or identification information can be obtained with these methods.

Victims often think that they are transacting with a real institution. For this reason, the site address, SMS content, e-mail title, forwarded link and payment records should be preserved as evidence.

Bank Account and IBAN Availability Files

In some cyber crime cases, the money taken from the victim is transferred to bank accounts belonging to third parties. People who let someone else use their account or IBAN information may become suspects depending on the nature of the file.

In these files, it is investigated whether the account owner is aware of the crime, whether he/she has benefited from it, and who is using the account. Bank transactions, ATM camera records, IP information and correspondence are important.

Illegal Betting and Cyber Crime Connection

Bank accounts, digital payment systems, websites and social media advertisements are frequently examined in illegal betting files. It is investigated whether the accounts are used for collecting or distributing money.

In such files, not only the money transfer, but also the nature of the transaction, the intensity of account movements, connected persons and digital records are evaluated together. The nature of the crime is determined according to the content of the file.

What is the Evidence in Cyber ​​Crimes?

In cybercrime files, the evidence is mostly digital. It is very important that evidence is properly preserved and obtained in accordance with the law.

How Should Digital Evidence Be Protected?

Digital evidence can easily be deleted, altered or become inaccessible. For this reason, it may be useful for the victim to take screenshots, save the links, preserve date-time information, and, if possible, have a notary or expert identify them.

However, illegal methods should not be used when collecting evidence. Accessing someone else's account, recording without permission, or obtaining illegal data may also make the person responsible.

CMK 134 and Digital Review Process

Search, copying and seizure of computers, phones and other digital materials are subject to special rules in terms of criminal procedure. In these transactions, decision, scope, copying method, minutes and data integrity are of great importance.

Whether the digital evidence was obtained lawfully or not may be critical for the defense. Due to the Constitutional Court's annulment decision regarding CMK Article 134, practices in this field must be followed carefully.

How to File a Complaint in Cyber ​​Crimes?

The victim of cybercrime can file a criminal complaint with the Chief Public Prosecutor's Office. He/she can also contact law enforcement units and ensure that evidence regarding the incident is recorded.

The date of the incident, accounts used, links, bank information, correspondence, payment receipts and screenshots should be clearly stated in the complaint petition. An incomplete or unclear complaint may prolong the investigation.

What should a person do if a cybercrime investigation is opened?

A person accused of cybercrime should evaluate the scope of the file and the evidence before giving a statement. IP record, bank transaction or data found on the device alone may not indicate that a crime has been committed in every case.

Whether or not the person's account is used by someone else, who owns the device, the date on which the transaction was made, and whether or not a benefit was obtained from the incident are important for the defense.

Detention and Arrest in Cyber Crimes

The risk of detention and arrest in cybercrime files varies depending on the nature of the crime charged. If there is aggravated fraud, organized crime, high amounts of damage or a large number of victims, a request for arrest may be made.

However, arrest is not automatic. Court; It evaluates together the strong suspicion of crime, the suspicion of escape, the possibility of obstructing evidence, and whether judicial control will be sufficient.

How Does the Criminal Case Proceed in Cyber ​​Crimes?

The process usually begins with a victim complaint, bank notification, platform registration or law enforcement determination. The prosecution collects evidence, requests information from relevant platforms and institutions, and takes statements from suspects.

If sufficient suspicion arises, an indictment is prepared and a criminal case is opened. The court decides by evaluating the reliability, legality and connection of the digital evidence with the defendant.

Can Compensation be Requested in Cyber ​​Crimes?

If material or moral damage has occurred due to cybercrime, a claim for compensation may be raised. Examples include loss of money due to fraud, moral damage or loss of business reputation due to the dissemination of personal data.

Criminal lawsuit and compensation claim are different processes. Depending on the nature of the damage, it may be necessary to file a separate lawsuit for compensation in civil court.

Cyber Crimes Cases in Istanbul

Cybercrime files in Istanbul usually contain many victims, different bank accounts, digital platforms and technical data. For this reason, it is important to follow the file quickly and carefully in investigations in Istanbul.

In terms of Istanbul European Side and Anatolian Side, it may vary depending on the courthouse where the file is carried out, the crime scene, the victim's address, bank account and the connection points of the digital transaction. Authority and duty evaluation should be done on a case-by-case basis.

Legal Support from Attorney Mehmet Emin Kurşun

Cyber crimes are files where technical digital evidence and criminal law rules are evaluated together. IP records, log data, bank transactions, social media correspondence, device reviews and platform records can directly affect the outcome of the case.

Attorney Mehmet Emin Kurşun provides legal support in cyber crimes, cyber crimes, internet fraud, social media account takeover, personal data breach, bank card fraud and digital evidence processes in Istanbul.

Things to Know Before Starting the Legal Process

People who are victims of cybercrime must keep the evidence without deleting it, and protect their screenshots, links, usernames, bank receipts and date information. Action should be taken early, especially since social media and internet content can be deleted quickly.

It is important for people who are under cybercrime investigation to evaluate the scope of the file, the source of digital evidence and the nature of the crime before giving a statement. Getting early legal support in such cases in Istanbul reduces the risk of loss of rights.

Frequently Asked Questions

What does a cybercrime lawyer do?

Cyber ​​crimes lawyer provides legal support in criminal investigations and cases related to the internet, information system, bank account, social media and digital evidence.

What is cybercrime?

Cyber ​​crime refers to crimes committed using information systems, the internet, digital devices or electronic data.

Which article regulates the crime of breaking into an information system?

The crime of illegally entering the information system is regulated in TCK Article 243.

What should I do if my social media account has been stolen?

Account URL, username, email alerts, screenshots and login notifications must be stored; Then a criminal complaint must be made to the prosecutor's office.

Which crime is internet fraud?

Depending on the concrete case, qualified fraud, cyber crimes, misuse of bank cards or personal data crimes may come to the fore.

Am I liable if my bank account is used in a cyber crime?

Liability is determined by how the account is used, whether the person has knowledge, and whether a benefit is obtained.

Is IP registration alone sufficient in cyber crimes?

IP registration is an important evidence; However, this alone may not always produce definitive results. The device is evaluated together with the user, time and other evidence.

How should digital evidence be stored?

Screenshots, links, usernames, date-time information, bank receipts and correspondence must be protected. Evidence must be obtained in accordance with the law.

Is there any arrest in cyber crimes?

Depending on the nature of the crime, the risk of arrest may arise. The risk may increase especially in cases involving qualified fraud, organized structure or high damage.

Why is cybercrime lawyer support in Istanbul important?

Cybercrime files in Istanbul usually contain a lot of digital evidence, bank transactions, platform records and technical reviews. Legal support helps manage the process correctly.