The crime of theft committed through the use of information systems under Turkish law

As a result of the digitalization of daily life and the advancement of technology, numerous information systems have emerged. The use of these systems by offenders to commit crimes has led to the incorporation of the concept of "cybercrime" into the literature. In this regard, both domestic and international legal frameworks have introduced legislative regulations on cybercrimes, and numerous academic studies have been conducted in this field. This study focuses on an aggravated form of theft, namely theft committed through the use of information systems. The subject matter, scope, and distinctions of this offense from other similar crimes are examined in detail. The first chapter provides general concepts related to cybercrimes and includes the Council of Europe's Convention on Cybercrime, which constitutes the first international treaty in this field. The second chapter elaborates on the main subject of the study—theft committed through the use of information systems—with reference to relevant legislative provisions and judicial decisions. In the final chapter, specific manifestations of the offense, procedural aspects, sanctions, and other related legal issues are discussed. During the course of the study, it has been observed that there are doctrinal debates regarding the nature of the offense of theft committed through the use of information systems. In particular, it is frequently confused in practice with the offense of fraud committed through information systems. For this reason, the conclusion section includes recommendations on these matters and provides explanations regarding how the legal regulation of this offense should be structured. It has been emphasized that the concept specifically referred to by the term 'information systems,' as well as the manner in which such systems may be utilized in the commission of theft and thereby give rise to the offense, should be articulated in greater detail within the legislation.