Cyber crimes are generally cross-border in nature. The capture of the foreign attacker and his extradition to Türkiye is a complex process.
Investigation Stages
- Turkish prosecutor's office crime formation
- Identification of the defendant
- Correspondence with the country where the defendant is located
- Extradition request
- Court decision of that country
- Extradition process
International Cooperation
- Interpol (Global)
- Europol (Europe)
- FBI (USA)
- Cybercrime Convention (Budapest Convention 2001)
Türkiye's Agreements
- Bilateral extradition agreements
- Council of Europe Extradition Convention
- Judicial cooperation
Situations Not Extradited
- Political crime
- Risk of death penalty
- Risk of torture
- Citizenship (those who do not extradite their own citizens - Turkey and many countries)
Barrier to Turkish Citizenship
- Turkish Constitution Article 38: Extradition of Turkish citizens
- If the crime is deemed to have been committed in Türkiye, it will be tried here
- For the crime committed abroad, TCK Article 10 et seq.
Practical Problems
- Long processes (years)
- Bureaucracy
- No agreement with some countries (Russia, China)
- Digital evidence may change
Supreme Court 16. CD
16. CD adopts that "judicial assistance" and "evidence integrity" are critical in international cybercrime cases and that digital evidence must be collected correctly.
Informatics and international criminal law lawyer is recommended.