INVESTIGATION AUTHORITIES’ ABILITY TO SECRETLY OBTAIN EVIDENCE FROM ELECTRONIC DEVICES THROUGH REMOTE ACTIVATION IN THE FRENCH PENAL PROCEDURAL CODE

Authors : Murat Balci, Kerim Çakir

Pages : 126-150

Doi:10.55009/bilisimhukukudergisi.1382980

View : 126 | Download : 96

Publication Date : 2023-12-29

Article Type : Research Paper

Abstract :The proposal that adds amends Article 230-34 with Article 230-34-1 and Article 706-96-1 with Article 706-96-2 in the French Penal Procedural Code creates an amendment allowing the collection of evidence through audio and visual recordings, as well as geolocation data, by accessing technological devices. This is particularly relevant in cases related to terrorism and organized crime. Additionally, new paragraphs have been amended to Articles 230-36 and 706-97 of the French Penal Procedural Code. As a result of these amendments, investigation authorities are for the first time in a penal procedural code, empowered to secretly obtain evidence from electronic devices through remote activation. In this context, the current article will address how and which authorities can listen to a person during an investigation, the offenses that allow this measure to be applied, the limitations of cataloged offenses, and how eavesdropping for intelligence purposes will be conducted. Considering this information, the article will also explore the effect the regulation will primarily have on the right to defense, right to privacy, freedom of communication, and protection of personal data.
Keywords : Elektronik cihazlara uzaktan aktivasyon, yer belirleme, ses ve görüntü kaydı, özel hayata saygı hakkı, terör suçları ve organize suçluluk

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