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ARTICLE · 02 NOVEMBER 2018

Amendments To Collection Of Electronic Evidence Procedures

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Computers, computer programs and records used by suspects are among the most important evidence for public prosecutors who carry out external investigations relating to white collar crime.

TurkeyLitigation, Mediation & Arbitration
Barış Kalayci
Barış Kalayci
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Computers, computer programs and records used by suspects are among the most important evidence for public prosecutors who carry out external investigations relating to white collar crime. There is no definition of 'electronic evidence' in Turkey, but Article 134 of the Code of Criminal Procedure sets out the procedure for searching, copying and seizing computers, computer programs and records. An amendment to Article 134 concerning the collection of electronic evidence procedures was published in the Official Gazette on 31 July 2018.

Amendments

The previous version of Article 134′s first paragraph stated as follows:

Upon the motion of the public prosecutor during an investigation with respect to a crime, the judge shall issue a decision on the search of computers and computer programs and records used by the suspect, the copying, analyzing, and textualization of those records, if there is strong doubt based on solid evidence and it is not possible to obtain

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