All digital evidence is identified in our forensic laboratory, which adheres to international standards. Our forensic engineers, who have years of experience in their field, perform these identifications in a reliable and auditable manner, and the results are reported in compliance with the legal system.
In our era where technology advances daily and its areas of use increase, different types of crimes emerge every day. In this context, all crimes committed via technological devices are referred to as Cyber Crimes.
Cyber Crime is a term for attacks conducted using technological devices to harm individuals, institutions, the public, or countries. The term Forensic Informatics emerged to scientifically determine, document, and report how, when, by what methods, through what means, and by whom these crimes were committed.
The most comprehensive regulation regarding cyber crimes in Turkey is found in Chapter 10 of the Turkish Penal Code No. 5237 under the title “Crimes in the Field of Informatics.”
What are Articles 243, 244, and 245 of the Turkish Penal Code and What Should Be Done When a Crime Occurs?
Unauthorized Access to a Computer System (Article 243)
(1) A person who unlawfully accesses all or part of a computer system or remains there is sentenced to imprisonment for up to one year or a judicial fine.
(2) If the acts defined in the above paragraph are committed concerning systems that are used for a fee, the sentence is reduced by up to half.
(3) If the data contained in the system is deleted or altered due to this act, the sentence is imprisonment from six months to two years.
(4) (Added: 24/3/2016-6698/30 art.) A person who unlawfully monitors data transfers occurring within a computer system or between computer systems without entering the system is sentenced to imprisonment from one to three years.
This article defines unauthorized access to all or part of a computer system and remaining on the system as a crime. This situation is described as a violation of the security of the computer system, and there are criminal sanctions for such violations.
In this framework, if there are unauthorized/illegal access to your systems, you can contact Fordefence without shutting down the digital materials where you suspect the incident occurred. Our expert team will listen to how the incident occurred and share their experience with you. Once the incident sequence is determined, forensic copies can be taken from your servers, and log examinations can be conducted. We can also take forensic copies of your computers following international forensic standards, examine the operating system logs, take forensic copies of company mobile phones, and investigate whether they were used during the crime to report the findings to the judicial authorities.
Obstructing, Disrupting, Deleting, or Altering Data in a Computer System (Article 244)
(1) A person who obstructs or disrupts the operation of a computer system is sentenced to imprisonment from one to five years.
(2) A person who damages, deletes, alters, or makes data in a computer system inaccessible, places data in the system, or sends existing data to another location is sentenced to imprisonment from six months to three years.
(3) If these acts are committed concerning a computer system belonging to a bank or credit institution or a public institution or organization, the sentence is increased by half.
(4) If these acts are committed to unjustly benefit oneself or another and do not constitute another crime requiring a heavier sentence, the person is sentenced to imprisonment from two to six years and a judicial fine of up to five thousand days.
244-1 Article:
If the elements of the crime described in Article 244-1 occur, after our expert team’s investigations, forensic copies can be taken from your servers, and log examinations can be conducted. We can also take forensic copies of your computers following international forensic standards, examine the operating system logs, and take forensic copies of company mobile phones to investigate whether they were used during the crime and report the findings to the judicial authorities.
244-2 Article:
In the event of data loss as described in Article 244-2, detailed work can be done on IDE, SATA, SSD, MSATA, and RAID structured disks, mobile phones, DVR camera records, and your servers to recover deleted data. Our competent staff can examine the digital evidence to identify the individuals responsible for these data losses and the crime.
If you suspect that your employee transferred company data to a competitor; the date and time of the incident should be determined, identifying which brand and model of USB drive was connected to the computer, whether data was transferred to these USB drives, whether data was transferred via email, whether screenshots were sent to others via social media and messaging apps, determining the locations based on mobile phone GPRS data, identifying what data was shared with whom via Bluetooth and AirDrop, and the frequency and timing of phone calls made to whom. Examination and reporting should be done according to forensic informatics standards.
Misuse of Bank or Credit Cards (Article 245) (Amended: 29/6/2005 – 5377/27 art.)
(1) A person who, in any way, obtains or possesses a bank or credit card belonging to another and uses it or allows it to be used without the cardholder’s or the rightful recipient’s consent, to benefit themselves or another, is sentenced to imprisonment from three to six years and a judicial fine of up to five thousand days.
(2) A person who produces, sells, transfers, purchases, or accepts counterfeit bank or credit cards related to others’ bank accounts is sentenced to imprisonment from three to seven years and a judicial fine of up to ten thousand days.
(3) A person who uses a counterfeit or forged bank or credit card to benefit themselves or another, provided the act does not constitute another crime requiring a heavier sentence, is sentenced to imprisonment from four to eight years and a judicial fine of up to five thousand days.
(4) In cases where the crime defined in the first paragraph is committed:
- a) By one of the spouses, provided there is no separation decision between them,
- b) By a direct ascendant or descendant, or by someone within this degree of kinship through marriage, or by an adopter or adoptee,
- c) By one of the siblings living together in the same household, No penalty is imposed on the relevant relative.
(5) (Added: 6/12/2006 – 5560/11 art.) The provisions of effective remorse related to crimes against property in this Law apply to acts covered by the first paragraph.
If you are a victim of the crime described in this article, our expert team can assist you in examining the incident, determining the fault between the bank and the individual/institution, investigating where and how the stolen credit card information was obtained, researching how and by what means the copied credit card was copied, the procedures for obtaining ATM security camera footage where the money was withdrawn, and taking and examining forensic copies.
In this context, the most important evidence judicial authorities (courts, prosecutors, lawyers) or administrative authorities (inspection boards, internal audit units, legal departments) now resort to for clarifying an incident is digital evidence.
By working with Forensic Defence experts,
your digital evidence in judicial or administrative investigations can be examined on your behalf within the legal framework, and expert opinions/reports are prepared according to international standards, suitable for use in Turkey or any country in the world, and compliant with Article 67 of the Criminal Procedure Code (CMK) and Article 293 of the Code of Civil Procedure (HMK). If necessary, the experts who provided the opinion can be heard as witnesses under Article 178 of the CMK.
Remember;
Even if the environment is virtual, the crime is real. On this path, we are proud to serve you by examining data on technological devices where the crime was committed, recovering data, and reporting the findings.
For more details and information don’t hesitate to contact us.
