Book contents
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- 17 Digital Evidence and Cooperation of Service Providers in China
- 18 Cooperation of Service Providers in Criminal Investigations in the Russian Federation
- 19 Digital Evidence Collection in Turkey
- 20 Obtaining Digital Evidence under UK Law
- 21 Digital Evidence Gathering by US Authorities and Cross-Border Cooperation with US-Based Service Providers
- Conclusion
19 - Digital Evidence Collection in Turkey
from Part III - Collecting Digital Evidence and the Role of Service Providers
Published online by Cambridge University Press: 02 January 2025
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- The Cambridge Handbook of Digital Evidence in Criminal Investigations
- Copyright page
- Contents
- Tables
- Contributors
- Foreword
- Introduction
- Part I Collecting Digital Evidence
- Part II Digital Evidence and the Cooperation of Service Providers in EU Criminal Investigations
- Part III Collecting Digital Evidence and the Role of Service Providers
- 17 Digital Evidence and Cooperation of Service Providers in China
- 18 Cooperation of Service Providers in Criminal Investigations in the Russian Federation
- 19 Digital Evidence Collection in Turkey
- 20 Obtaining Digital Evidence under UK Law
- 21 Digital Evidence Gathering by US Authorities and Cross-Border Cooperation with US-Based Service Providers
- Conclusion
Summary
Chapter 19 provides an overview of Turkish law on the collection of digital evidence stored in and outside Turkey. It explains that while cybercrime offence definitions under Turkish law are generally in line with the Cybercrime Convention, Turkey has largely not transposed the criminal procedure and international cooperation sections of the Convention into its domestic law. It delves into the legal framework for collection of digital evidence in Turkey, including investigative measures, mandatory or voluntary cooperation of internet service providers, and administrative search and seizure methods. It analyses the judicial cooperation between Turkish LEAs and their foreign counterparts, and notes the challenges Turkish authorities face in obtaining e-evidence stored in foreign jurisdictions through mutual legal assistance requests. Noting efforts to overcome such challenges, in part through expanding the powers of the Information and Communication Technologies Authority, the chapter calls for a reform of Turkish criminal procedure and international cooperation law with the relevance of Turkey’s human rights obligations and e-evidence in mind.
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- Publisher: Cambridge University PressPrint publication year: 2025