What is Cyber Crime?
Cyber crime is a broad type of crime that includes acts such as intentionally damaging computers, computer systems or computer networks, using these systems without permission, obtaining or disseminating information belonging to others without permission. Cyber crimes mean committing many crimes such as fraud, theft, blackmail, threats and the like on the internet.
What is Remorse?
Remorse is a legal concept included in the Turkish Penal Code. If a person who has committed a crime regrets the crime he/she has committed and expresses this regret under certain conditions, it allows for a reduction in his/her sentence. The purpose of remorse is to ensure that the criminal reconciles with society and prevents him/her from committing crimes again.
Remorse and Discount in Cyber Crimes
In cyber crimes, as in other crimes, remorse and discount applications may be in question. However, due to the nature of cyber crimes, determining and evaluating remorse may be more complicated than in other crimes. Because in cyber crimes, evidence is generally more difficult to collect and evaluate.
Court Decisions and Application Areas
In the decisions of the Supreme Court, it is seen that elements such as the presence of remorse in cybercrimes, the time when the state of remorse occurs, and the sincerity of remorse are evaluated. In addition, for remorse to be accepted, it is not enough for the criminal to just make a statement of remorse, but also to make an effort to eliminate or reduce the consequences of the crime.
Among the areas where remorse and discount applications are most frequently seen in cybercrimes;
Data theft: The criminal can show remorse by returning or deleting the data he stole.
Cyber attacks: The criminal can show remorse by repairing the attacked system or compensating for the damage.
Fraud: The criminal can show remorse by returning the ill-gotten gains he has made.
