Search, copy and seizure in computers, computer programs and their files (CPC Art. 134)

Information systems, with the rapid development of technology, have taken their place in every field and are intertwined with our lives. At this point, a life without information systems is unimaginable. On the other hand, information systems being so much in our lives has caused it to be one of the most used tools for commissioning a crime and to become the environment where the evidence of the crime is stored the most. People store their most sensitive and private data in information systems. In this sense, classical measures against crime have been insufficient, and it has become necessary to come up with actions specific to information systems. A reasonable balance should be observed between the legal benefit sought to be obtained intervening in information systems and the interference with fundamental rights and freedoms. Also, the sensitive nature of the data in information systems and its susceptibility for alteration and falsification necessitated a careful attention to data intervention. In comparative law, along with the countries that have specific protection measures for information systems, there are also countries that maintain general search and seizure procedures. In our legal system, it is absolutely an appropriate practice that a protection measure specific to information systems has been developed by setting a separate regulation from general search and seizure measures. In this study, searching, copying and seizure measures in computers, computer programs and their files, which are regulated as specific search and seizure measure in Criminal Procedure Code No. 5271, are discussed. At the outset, protection measures and digital evidence are explained. In the continuation of this study, the mentioned protection measure has been tried to be explained in the light of decisions of Supreme Court and ECHR and the debates in the doctrine and, the controversial current issues regarding the measure have been examined and a contribution has been tried to be made on the subject. Keywords: Digital Evidence, Computer, Information System, Search, Copy, Seizure