Search, Copy and Seizure in Computers, Computer Programs and Logs (CMK Art. 134

Search, Copying, and Seizure in Computers, Computer Programs, and Registers (CMK Art. 134)
Introduction
Rapidly advancing technology has brought significant innovations and changes in the field of law, just as it has in every area of our daily lives. Computers and digital devices have become the central means for processes such as storing, processing, and transmitting information. These developments have led to the use of information systems for criminal purposes and have made digital evidence hold an important place in criminal procedure law. In this context, Article 134 of the Code of Criminal Procedure No. 5271 (CMK) regulates the measures of search, copying, and seizure in computers, computer programs, and registers.

Digital Evidence and Criminal Procedure
The Importance and Characteristics of Digital Evidence
Digital evidence refers to information that is stored, processed, or transmitted on electronic devices. This evidence can be found on computers, smartphones, tablets, and other digital devices. The importance of digital evidence in criminal proceedings stems from its crucial role in illuminating crimes and obtaining evidence. The process of obtaining, preserving, and evaluating digital evidence is of great significance in uncovering the material truth.

Obtaining Digital Evidence
Article 134 of the CMK regulates the measures of search, copying, and seizure for obtaining digital evidence. These measures are implemented to prevent the destruction or alteration of evidence. Searching, copying, and seizure operations are carried out by the decision of the competent authorities, and care must be taken to respect individuals’ fundamental rights and freedoms during these processes.

Search Measure
The Scope and Conditions of the Search Measure
Article 134 of the CMK provides that certain conditions must be met for searches to be conducted in computers and digital devices. These conditions include having strong suspicion that a crime has been committed, having no other means to obtain evidence, and the urgency of the search. The search warrant is issued by the competent judge, and it must be reasoned.

Implementation of the Search Process
The search process is carried out under the supervision of competent authorities and by technical experts. During the search operation, necessary measures are taken to ensure the integrity of the data on digital devices and to prevent alteration of evidence. The data obtained during the search is considered digital evidence and is secured for use in the criminal proceedings.

Copying Measure
The Scope and Conditions of the Copying Measure
The copying measure ensures the protection of evidence by copying the data found on digital devices. Article 134 of the CMK states that the conditions for the search measure must be present for the copying operation to be conducted. The copying process is carried out to back up the data obtained during the search.

Implementation of the Copying Process
The copying process is carried out under the supervision of competent authorities and by technical experts. During the copying operation, necessary measures are taken to preserve the integrity of the data and to prevent any alteration of originality. The copied data is safely stored for examination by forensic IT experts.

Seizure Measure
The Scope and Conditions of the Seizure Measure
The seizure measure allows for the confiscation of digital devices for the purpose of clarifying a crime or protecting evidence. Article 134 of the CMK states that the conditions for the search and copying measures must be present for the seizure measure to be applied. The seizure decision is issued by the competent judge, and it must be reasoned.

Implementation of the Seizure Process
The seizure process is carried out under the supervision of competent authorities and by technical experts. During the seizure operation, necessary measures are taken to ensure the integrity of the digital devices and to prevent alteration of evidence. The seized devices are safely stored for examination by forensic IT experts.

Relevant Articles of the Code of Criminal Procedure
Article 134 of the CMK – Search, Copying, and Seizure in Computers, Computer Programs, and Registers
In investigations carried out due to a crime, if no other means of obtaining evidence exist, searches may be conducted, and evidence may be copied and seized from the computer and computer programs of the suspect or defendant.
Searches, copying, and seizure in computers and computer programs can only be conducted with a judge’s decision. In cases where there is a risk of delay