Türkiye Adalet Akademisi Dergisi

Yazarlar: Ahu KARAKURT EREN

Konular:Hukuk

Anahtar Kelimeler:Security of information systems,Cybercrimes,Crimes committed via information systems,Hacking tools,Legality principle,Illegal devices & computer programs

Özet: The provision titled ‘Illegal Devices & Computer Programs’ under Article 245/A of Turkish Criminal Code targets to combat with cybercrimes which gradually spread along with technological developments and also other criminal offences in which information systems are used as tools even before such type of crimes are committed. That is because of the fact that, in Article 245/A of Turkish Criminal Code, actions which are likely to be preparatory in nature for committing cybercrimes and other criminal offences in which information systems are used are characterized as substantive crimes. The predilection of the law-maker in this direction pertains to the international consensus reached along with the internationalization of black markets for hacking tools which create the platform and equipment necessary for the perpetration of several criminal offences. That is due to the fact that Article 245/A of Turkish Criminal Code is intended for fulfilling the obligation to prescribe a crime which is in compliance with the criminal offence stipulated in the Sixth Article of the Convention on Cybercrime to which Turkey is also Party. By taking into consideration the views which are expressed in legal doctrine, this paper will analyze the crime of production, proliferation or possession of devices, computer programs, passwords or security codes for perpetrating cybercrimes or other criminal offences in which information systems are used as tools. If Article 245/A of Turkish Criminal Code in its current regulation form conforms to the basic principles of criminal law will be discussed. Attempts will be made to develop concrete proposals in the sense of lex ferenda.

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