Crime of unauthorized access

The subject of the thesis is the crime of unauthorized access, which is firstly set out in Article 243 of Turkish Penal Code Law No. 5237. In the first part, the terms used in the Article 243 of TPC Law No. 5237 and the historical development of the crime are explained. Then, the status of the crime of unauthorized access in some country legislation and the Council of Europe Convention on Cybercrime and the legal value protected by the crime are examined. In the second part, elements of the crime of unauthorized access are analyzed. Finally, in the third part, the crime of unauthorized access is evaluated in terms of reasons that affect crime, culpability, special appearance forms of the crime. Also proceedings rules, statute of limitations and sanctions are explained. The crime of unlawful monitoring of data transfers provided in the sub-article 243/4 of TPC, which is introduced with the Article 30 of the Law on the Protection of Personal Data Law No. 6698 dated 20.03.2016, is lifted out of the context of the study because of the fact that this crime is an independent crime type.