T.C.
SUPREME
CRIMINAL DEPARTMENT
2012/31216
2013/25978
1.11.2013
- CHANGING THE PASSWORD BY ENTERING THE E-MAIL ACCOUNT (According to the Responses to the Articles from Microsoft and TIB Regarding the Fact that the E–Mail Account of the Participant was Entered Many Times from the Defendant’s Father’s Internet Account and the Scope of the Entire File 5237 p.K. Md.Where the Crime in 244/2 Occurred)
- BLOCKING ACCESS BY CHANGING THE PASSWORD OF THE ELECTRONIC MAIL ACCOUNT (Where the Defendant Who Has Seized the Password of the Participant’s E-Mail Enters This Address, Changes the Password and Blocks Access to the Participant’s E-Mails – 5237 p.K. Md.According to 244/2, It Should be Decided that He Will be Punished)
- INFORMATION CRIME (In Accordance with the Act of the Defendant’s Father, who Seized the Password to the Participant’s E-Mail Account from the Internet Account, Entered This Address and Blocked Access to the Participant’s E-Mail by Changing the Password 5237 p.K. Md.That He Should be Punished in Accordance with 244/2)
- CHANGING THE PASSWORD BY ENTERING THE E-MAIL ACCOUNT (Responses from Microsoft and TIB regarding the Fact that the Participant’s E–Mail Account was Entered Many Times from the Defendant’s Father’s Internet Account /Access to the Participant’s E-Mail was Blocked – 5237 p.K. Md.Where the Crime in 244/2 Occurred)
5237/m.244/2
Summary : create, join in the phase of the narrations, the internet electronic mail account from the account that belongs to the defendant’s father has been entered many times as to whether to join Microsoft and the responses according to the scope and all file Tibb; joining and entering the address of electronic mail by capturing the password of the account by changing the password prevents access to the attendee’s email, the defendant, the action of matching TCK.nun 244/2. it is against the law to establish an acquittal provision when it is necessary to decide on punishment in accordance with the article.
CASE : Discussed and considered as required:
Decision : create, join in the phase of the narrations, the internet electronic mail account from the account that belongs to the defendant’s father has been entered many times as to whether to join Microsoft and the responses according to the scope and all file Tibb; joining and entering the address of electronic mail by capturing the password of the account by changing the password prevents access to the attendee’s email, the defendant, the action of matching TCK.nun 244/2. establishment of an acquittal provision on a written basis, while it is necessary to decide on punishment in accordance with the article,
CONCLUSION : Contrary to the law, c.Since the appeals of the prosecutor and the participant have been considered on the spot as of this date, the provision is therefore 8/1 of Law No. 5320. CMUK, which must be applied in accordance with the article.No. 321. according to the article (ON ITS DETERIORATION), it was decided unanimously on 01.11.2013.
Blocking, disrupting the system, destroying or changing data
ARTICLE 244- (1) A person who interferes with or disrupts the functioning of an information system is punished with a prison sentence of one to five years.
(2) A person who distorts, destroys, modifies or makes inaccessible the data in an information system, places data in the system, sends existing data to another place is punished with a prison sentence of six months to three years.
(3) If these acts are committed on an information system belonging to a bank or credit institution or a public institution or organization, the penalty to be given will be increased by half.
(4) In the event that providing an unfair interest for the benefit of the person himself or someone else by committing the acts defined in the above paragraphs does not constitute another crime, imprisonment from two to six years and a judicial fine of up to five thousand days shall be imposed.
