Investigation procedure of cyber crimes in accordance with judicial decisions and methods of obtaining legal evidence

The process of investigating crimes committed using information systems and obtaining evidence within the scope of this investigation is quite different from the process of investigating classical types of crimes. The main reason for this is that the type of evidence that reaches the judicial authorities to the perpetrator in cyber crimes is often electronic evidence, and the collection, preservation, analysis and reporting of such evidence has more technical details than traditional (classical) evidences and requires expertise. Another reason is that the international judicial assistance must be implemented effectively and strictly in obtaining such evidence, often due to the environment in which the evidence is found. Once more, since the procedural rules regarding the search of information systems containing electronic evidence are subject to different provisions compared to traditional types of evidence, obtaining this evidence in accordance with the law is extremely important for the integrity of the trials. In this study, the basic concepts are defined in their simplest form and the conditions sought in Article 134 of the Code of Criminal Procedure for a lawful search during the investigation of cyber crimes, the results of the illegal search process, the online search institution, the importance of the international judicial assistance institution in terms of detecting the perpetrators of these crimes. and the impact of this institution on the investigation processes carried out in our country, types of electronic evidence, the reliability of this evidence and the methods of obtaining this evidence, digital forensic processes regarding the search and seizure of digital materials were discussed, and criticisms and opinions were reported on certain issues.