Computer Fraud

Computer crime increases rapidly in parallel with the use of improved information systems. İn turn, computer fraud has come more into question. Due to the very rapid development of the subject and the multidisciplinary features of this field, reflecting on this issue from a legal standpoint causes some difficulties. When we approach the problem in the context of Turkey, the first challenge is the absence of an independent section that regulates computer fraud in the Turkish Penal Code. The second significant problem is a lack of regulations for fraudulent activities, which are committed directly to the information systems. The third and majör issue related to the topic is the confusion in Turkish legal practice and this respect, deeming data as movable property and accepting data as a subject of theft without a legal basis through making an analogy which is prohibited strictly in criminal law. After ratification of the Convention on Cybercrime on 2nd May 2014 by Turkish parliament, the harmonization of Turkish criminal law with the Convention offers a chance for Turkey to resolve these substantial problems. However, during this process, diversity and borderless IT with its peculiar conditions must be taken into account while at the same time continuing to fight cybercrime by respecting fundamental rights. Therefore, the legislations and best practices of international institutions and other countries should be scrutinized.