CMK art.134 computer, network and mobile device search authority. A request from the public prosecutor + a judge's decision is required. Hash chain and two duplicate copies are required; Otherwise evidence is considered unlawful.
Procedure
Illegality of evidence
The following situations lead to the rejection of evidence:
- Search without a judge's order (if there is no harm in delaying).
- Hash chain is not registered; integrity is questionable.
- Two copies were not provided.
- The device was kept unsealed for a long time after receipt.
- Third party data was examined during the review (scope exceeded).
Limits of decision scope
The judge's decision usually says "the suspect's computer, USB memory, smartphone." In defense as a lawyer:
- Reservation rejecting out-of-scope device inspection.
- Refuse to include irrelevant files in the review.
- Separate request for confidential third party data (lawyer-client correspondence, therapy records).
Is it legal for the police to force me to hand over my computer?
Yes, if there is a judge's decision. Otherwise, a search without consent is against the law; However, if there is a risk of delay, the prosecutor submits the seizure authority for 24 hours to the approval of the judge.
When will the device be returned?
At the end of the investigation; average 6-18 months. To speed things up, a device return may be requested after a backup has been taken.
Do I need to give my password?
There is no direct coercion in Türkiye at the moment; However, there is indirect pressure (through Supreme Court comments). A password sharing strategy should be discussed with your lawyer.
Cloud storage (Google Drive etc.) review?
Cloud storage review is possible within the scope of the judge's decision; However, direct data requests from the service provider are subject to the MLAT procedure (for foreign providers).
How to refute a forensic report?
Prepare a report with a counter expert (CHFI, EnCE certified); hash chain break, file date stamp inconsistency, log integrity issues defense argument.
Relevant legislation
- TCK art.243 — Entering the information system (1-3 years + criminal money).
- TCK Article 244 — Preventing/disrupting system operation (1-5 years).
- TCK art.245 — Bank/credit card fraud (3-6 years).
- TCK art.158/1-f — Qualified fraud when the information system/bank/credit institution is the tool (3-10 years).
- CMK article 134 — Computer search, copying, seizure.