YAŞAR, Yusuf Marmara Üniversitesi - Hukuk Fakültesi - Ceza ve Ceza Muhakemesi Hukuku Anabilim Dalı, Turkey , DURSUN, İsmail Yalova Üniversitesi - Hukuk Fakültesi - Ceza ve Ceza Muhakemesi Hukuku Anabilim Dalı, Turkey

BİLGİSAYARLARDA, BİLGİSAYAR PROGRAMLARINDA VE KÜTÜKLERİNDE ARAMA, KOPYALAMA VE ELKOYMA KORUMA TEDBİRİ

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Search, duplication and confiscation protection measure about computers, computer softwares and computer files has been regulated in the Code of Criminal Procedure with the number of 5271, in article 134. This protection measure, that is regulated in the CMK Art. 134, is a special form of the “search” and “confiscation” protection measures which are regulated in Art. 116 and Art. 123 in CMK. According to this regulation, in a crime investigation which there is no other way of evidence obtention; the computer, computer softwares and computer files may be serached, the records of these may be duplicated and put into writing by analyzing that are used by the suspected with the will of public prosecuter and judicial decision. Computers, computer softwares and computer files may be confiscated in case of no access cause of unsolved passwords or no access to hidden files for analyzing and having the required copies. In which conditions and which way the protection measure “Search, duplication and confiscation in computers, computer softwares and computer files” will be applied and the evidence value of the data that is obtained as a result of the measure, are been analyzed in this study.

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computer , computer softwares , computer files , search , duplication , confiscation

Hukuk Araştırmaları Dergisi

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