TCK Article 133: "Any person who listens to non-public conversations between individuals with a device or records them with a sound recording device without the consent of any of the parties is punished with 2-5 years imprisonment."
Exception: Person Involved in the Conversation
If the person recording the conversation is the party involved in the conversation, no crime occurs. However, this recording may or may not be used as evidence depending on the circumstances.
Supreme Court HGK Approach
In order for the voice recording taken by the Supreme Court HGK to be evidence, it requires that the voice recording taken by the Supreme Court be in the nature of legitimate defense, that it is not possible to prove otherwise and that the recorder does not gain an unfair advantage.
The Constitutional Court Approach
The Constitutional Court considers that the secret recording is private life It states that it is within the scope of confidentiality, but can be considered within the scope of legitimate defense in cases where it is necessary to protect rights.
In what cases is it accepted?
- Blackmail records (taken by the victim)
- Evidence of mobbing/sexual harassment at work
- Threat records
In what cases is it rejected?
- Threat records of third parties conversations
- Recordings for pure curiosity or revenge
- Those obtained through illegal means
Criminal and evidence law lawyer support is recommended.