Constitutional Court partially annuls CPC Article 134 regulating computer searches and seizures

The Constitutional Court found certain provisions of Article 134 of the Code of Criminal Procedure (CPC), titled 'Search, copying and seizure in computers, computer programs and records,' incompatible with the Constitution and annulled them. According to information relayed by Cumhuriyet Gazette, the court ruled that the provisions in question do not comply with the proportionality principle in terms of fundamental rights and freedoms.

Article 134 of the CPC served as the primary legal basis granting prosecutors and law enforcement the authority to seize and copy the digital devices of suspects, particularly in serious criminal cases. The annulment decision is of a nature that will directly affect current criminal proceedings practices.

Since Constitutional Court decisions take effect from the date of their publication in the Official Gazette, the relevant provisions will need to be reconsidered by the legislative body. The decision is being assessed in legal circles as an important development in that it will likely reignite legal debates concerning digital evidence collection processes.