The Legal Validity of Digital Evidence in 7 Points

The Legal Validity of Digital Evidence in 7 Points. The way crimes are being committed today is showing a fundamental change with the development of technology. In addition to traditional crimes, crimes committed in the cyber environment are also increasing, and this situation is constituting a new challenge for our justice system. Smartphones, computers, and social media accounts are now being accepted not only as a means of communication, but also as the most important evidence sources that are being used in the proof of crimes. However, for this digital evidence to be considered legally valid, certain conditions must be fulfilled. In this article, what digital evidence is, how it must be collected and preserved, its evidentiary value in a trial, and current court decisions in this area are being addressed in detail.

1. What is Digital Evidence and What is Its Legal Basis?

Digital evidence is expressing all data that is being collected in the digital environment and stored electronically for the purpose of proving the commission of a crime or a legal event. This data can include e-mail correspondences, phone call records, social media messages, IP addresses, GPS data, log records, and more. The legal basis of digital evidence is being found in fundamental laws such as the Turkish Penal Code (TCK) and the Code of Criminal Procedure (CMK).

2. Lawful Collection and Preservation: The Reliability of Evidence

The most important condition for a digital evidence to be accepted by the court is that it has been obtained in a lawful manner. Mistakes made in the evidence collection process can cause the evidence to be considered invalid.

• Collection Subject to Permission: A public prosecutor or court decision is required for access to the content of a phone or a computer. Data obtained without permission is being accepted as “unlawfully obtained evidence” and cannot be used in a trial.
• The Principle of Immutability: It is required for it to be proven that digital evidence has not been altered in the collection and analysis process. For this purpose, an “image” of the evidence is being taken and a digital fingerprint called a “hash value” is being created.

3. Forensic Informatics: The Analysis of Digital Evidence

The collection and analysis of digital evidence is an area that is requiring expertise. Forensic informatics experts are using special methods to ensure the reliability of this evidence.

• The Establishment of the Chain of Custody: In the process from the evidence being taken from the scene of the incident to its reaching the forensic laboratory and its being presented in court, it is required for the chain of custody not to be broken and for the integrity of the evidence to be protected.
• Expert Report: The reports prepared by forensic informatics experts are being accepted as one of the most important evidence sources for courts.

4. The Legal Value of E-mails and Messaging

E-mail correspondences and conversations in messaging applications such as WhatsApp and Telegram are often being used as evidence in a trial.

• E-mail: If an e-mail has been signed with an electronic signature, this e-mail has the quality of definitive legal evidence. Unsigned e-mails are also being accepted as evidence but do not have the quality of a definitive evidence.
• Messaging Applications: According to Court of Cassation decisions, conversations in messaging applications are being accepted as evidence if they have been obtained in a lawful manner. However, it is being stated that these messages are only a beginning of evidence and are not sufficient for a conviction decision by themselves.

5. The Place of Social Media Content and IP Addresses

Social media shares and IP addresses are often being used in the investigation of cybercrimes in particular.

• Social Media Shares: In crimes such as insult and threat, the victim taking a screenshot and presenting these screenshots as evidence is playing an important role in the legal process.
• IP Address: The detection of the IP address of the computer or mobile device where the crime has been committed is of vital importance for the identity of the perpetrator to be determined. However, a person being guilty cannot be proven definitively only with an IP address.

6. The Evidentiary Value of Digital Evidence and Court Decisions

Digital evidence is carrying an evidentiary value that is as strong as concrete and physical evidence. However, this evidence must be supported with concrete evidence.

• The Difference Between Preliminary Evidence and Definitive Evidence: A WhatsApp message or a social media share is being accepted as a beginning of evidence, but this evidence must be supported with other evidence such as witness statements, expert reports, or bank records.
• The Approach of the Court of Cassation: The Court of Cassation is emphasizing that digital evidence must be obtained in a lawful manner, that the chain of custody must not be broken, and that it must be examined by experts.

7. Legal Support: The Role of a Lawyer

The complex world of digital evidence is requiring legal knowledge and experience.

• Evidence Collection: The management of the lawful evidence collection process and the ensuring of the validity of the evidence together with the victim by a lawyer is of great importance.
• Legal Process: The correct preparation of the complaint petition, the follow-up of the prosecution process, and an effective defense being made in court are being ensured by a lawyer.

The Legal Validity of Digital Evidence in 7 Points. Digital evidence is becoming an indispensable part of today’s legal system. However, the legal validity of this evidence is dependent not only on it being obtained in a lawful manner, but also on the collection, preservation, and analysis processes being carried out meticulously. In trial processes, the evidentiary value of digital evidence is increasing when it is being supported with concrete evidence. The basic principles and processes explained in this article are aiming to help both victims and legal professionals take correct steps in this complex area.