With the Supreme Court decision 2014/9-731, the victim of violence was granted the "right to record his/her own speech"; However, when it is in a third person conversation, a violation of TCK 134 occurs. Therefore registration should not be done without legal advice.
Supreme Court 2014/9-731 criteria
- The victim can record his/her own speech.
- If the other person (spouse, father) heard about it or is aware of it, there is no violation of the law.
- This record is used only to prove violence; Dissemination for other purposes TCK 134.
- The court accepts it as evidence; However, it cannot be the only evidence of proof.
Which record is valid?
- The phone is in our pocket, the victim is talking – valid.
- Record of verbal assault against spouse — valid (Supreme Court approved).
- Secretly recording the spouse's conversation with a third party — violation of TCK 134; is rejected.
- Placing a hidden microphone at home — violation of TCK 134; is rejected.
- Examining the spouse's phone — violation of TCK 134 + 244.
Parallel evidence
Frequently asked questions
Is it a crime to record from a phone during violence?
No, recording your own conversation is not a crime (Supreme Court 2014/9-731). But secretly recording a third person conversation is a crime.
Does recording alone lead to conviction in court?
No, parallel evidence (physician, witness) is required. It may not be enough on its own; Holistic evidence is evaluated.
What happens if I broadcast the audio?
TCK article 134 — violation of privacy; 1-3 years imprisonment. Even if you are a victim, publishing is a crime. Use only in prosecution + court files.
My spouse found my record, can he delete it?
If the trial has started, it is already in the prosecutor's file. It can delete the copy on the device, but it has no effect on the file. Backup (cloud + 3rd device) is important.
Is registration used in the 6284 application?
Yes, it is a direct justification for precautionary measures. The judge listens to the voice recording and can make the protection decision instantly. Critical evidence for rapid action.
Relevant legislation
- Law No. 6284 — Injunctions to prevent domestic violence.
- TCK art.134-136 — Violation of privacy; image/audio recordings.
- TCK art.103, 226 — Sexual abuse / obscenity against a child.
- TCK Article 106 (threat), Article 125 (insult) — Crimes frequently applied in cyber bullying.
- Law No. 5651 art.9/A — Urgent content removal.