The establishment of specialized courts for cybercrimes has been on the agenda of TURKEY for a long time and has been defended by many lawyers and businessperson.
The Ministry of Justice emphasized the protection and strengthening of human rights in cybersecurity in its Human Rights Action Plan in last April. Accordingly, the decision of the Council of Judges and Prosecutors was published in the Official Gazette of November 30, 2021 and announced the establishment of Courts for cybercrimes.
These Courts will be Criminal Courts specialized for Cybercrimes defined hereunder:
-Indicated crimes in Turkish Criminal Code numbered 5237
- qualified theft committed through the use of information systems (m. 142/2-e)
- qualified fraud by using as an instrument electronic data processing system, a bank or
lending institution (m. 158/1-f)
- qualified fraud by means of the relevant individual introducing themselves as a public official or an institutions and organizations (m. 158/1-1)
- access to a data processing system (m. 243)
- hindrance or destruction of the system, deletion or alteration of data (m. 244)
- improper use of bank or credit cards (m. 245)
- banned devices or programs (m. 245/A)
- imposition of security precautions on legal entities that benefit from the cybercrimes (m.245) and
-Crimes under Law numbered 7258 on Betting Activities Related to Soccer and Other Sports Contests
In this context, specialized courts for cybercrimes which have become a necessity with the increase in disputes in the field of cybercrime and the workload have been established by taking into account the unity of practice and the developing technology.
Authors: Muazzez Koruturk, İrem N. Dolu