Legal Processes of the Dark Side of the Cyber World

Legal Processes of the Dark Side of the Cyber World. With the rapid spread of digital technologies today, crimes are also being carried into the cyber world. With the commission of traditional crimes in digital environments, a new crime category called cybercrimes is being formed. Crimes such as fraud and threat are now being committed not only face-to-face, but also through social media, e-mail, or messaging applications. Because cybercrimes are both providing anonymity for the perpetrators and making the detection of victims and the collection of evidence difficult, legal processes are taking a complex form. In this article, current examples of the crimes of fraud and threat committed within the scope of cybercrimes, the legal dimensions of these crimes, and the ways that victims must follow to protect their rights are being examined in detail.

1. The Legal Framework of Cybercrimes

The Turkish Penal Code (TCK) is the basic law that is regulating cybercrimes. A title under the name of “cybercrime” is not being found directly in the TCK, but crimes committed with the use of information systems are being evaluated by being adapted to existing crime definitions. Especially the crimes of fraud (TCK art. 158) and threat (TCK art. 106) are being accepted as an aggravated form in the case of information systems being used. This is causing the amount of the penalty to be increased.

2. Current Examples of Fraud and Their Legal Dimensions

Cyber fraud is being seen as one of the most common cybercrimes today. These crimes are generally being committed in the form of a person being deceived with a fake promise and being subjected to pecuniary damage.

• Phishing Fraud: Through fake websites or e-mails, the bank information, passwords, or credit card information of people is being aimed to be obtained. These types of actions are being evaluated as the crime of aggravated fraud.
• Social Media and SMS Frauds: The asking for money with the promise of helping the relatives of people with the use of fake social media accounts or text messages, or the obtaining of personal information with fake raffles is being seen as a common method.
• Investment Frauds: With the establishment of fake cryptocurrency or stock platforms with the promise of high profits, the money of investors being stolen is being evaluated as the crime of aggravated fraud.

3. The Crime of Threat and the Effect of the Digital Environment

The crime of threat is being committed with the notification of a harm that is directed towards a person’s or their relatives’ life, bodily integrity, sexual integrity, or assets. The use of information systems is leading to the acceptance that the crime of threat has been committed “publicly.”

• Threat Through Social Media or E-mail: A person being threatened through their social media account or via e-mail is leading to serious legal consequences. These types of threats, due to the ease of proof, are making the detection of the crime having been committed easier.
• Criminal Sanctions: For crimes of threat committed with the use of an information system, the amount of the penalty is being increased in the TCK. The penalty to be given for this crime is imprisonment from six months to two years.

4. The Collection of Evidence and Complaint Process in Cybercrimes

The collection of evidence in cybercrimes is being seen as one of the most critical stages for the perpetrators of the crime to be detected and a conviction decision to be given.

• The Collection of Evidence: All digital data (screenshots, message records, e-mail contents, links, IP addresses) related to the crime must be protected and stored by the victim.
• The Complaint Process: The victim must make a criminal complaint to the public prosecutor’s office or law enforcement forces (cybercrime branch) together with the evidence related to the crime. The preparation of the complaint petition in a legal language is important for the initiation of the investigation.

5. Legal Responsibility and Penalties in Cybercrimes

In cybercrimes, the criminal responsibility of the perpetrator has been determined in the TCK. The crimes of fraud and threat are becoming aggravated with the use of information systems.

• Penalties in the Crime of Fraud: The crime of aggravated fraud (TCK art. 158) is being punished with imprisonment from three years to ten years and a judicial fine.
• Penalties in the Crime of Threat: In the crime of threat committed with the use of information systems, it is possible for the perpetrator to receive imprisonment from six months to two years.

6. The Placing of an Injunction on Bank Accounts and the Return Process

Legal ways are being found for the return of money stolen from the bank accounts of cyber fraud victims.

• Provisional Injunction: The placing of a provisional injunction on the bank accounts of the perpetrator can be requested from the prosecutor’s office or the court by the victim. This injunction is preventing the money from being withdrawn or transferred.
• Money Return: After the legal process is completed, the victim’s damage is being compensated from the money in the perpetrator’s accounts.

7. Legal Support and Ways of Protection

Legal support must be taken for protection from cybercrimes and for the correct management of legal processes.

• Protection: Security measures (strong passwords, two-factor authentication) must be taken and attention must be paid to suspicious e-mails or messages.
• Legal Process: Victims of cybercrimes must take support from an expert lawyer for the correct management of legal processes, the complete collection of evidence, and the protection of their rights.

Legal Processes of the Dark Side of the Cyber World. Cybercrimes are bringing new dangers as well as the conveniences brought by technology. The commission of crimes such as fraud and threat in digital environments is causing legal processes to become complex. Persons who are victims of these types of crimes must collect evidence correctly and follow the legal process meticulously for the protection of their legal rights. Although our legal system is offering various legal mechanisms to combat these crimes, individual awareness and legal support are being accepted as the most important shield against the dangers of the cyber world.