The existence of the investigation and prosecution of a personal injury lawyer, the existence of strong suspicion of the reasons for the alleged crime, the lack of evidence, the fact that the offense is one of the offenses to be applied to the supervision of the communication, and the the existence of the prosecutor’s decision is sought.
In spite of these conditions, it is seen that the victim or the complainant has recorded phone calls and face-to-face phone conversations and handed over these listening records to the judicial authorities. In this study, it will be tried to evaluate whether these records are against the law.
There is no consensus in the doctrine. It is useful to briefly touch on the views on this issue.
- The opinions of the victim or the complainant that the record is in accordance with the law:
As it is known, the personal injury lawyer and Court of Cassation stated that it was impossible to determine the content of crimes such as threats and insults by telephone and that it was impossible because of the exhaustion of the speech. For this reason, it is possible to state that offenses such as insults and threats remain unregulated.
Crimes such as threat, insult, sexual harassment, disturbing the peace and tranquility of the persons are usually handled by telephone.
On the one hand, when a crime is committed against the victim, there is the possibility that this act may be a crime if the victim tries to obtain the only evidence.
In the grounds of the article, in this respect, for example, the records of the telephone conversations between the persons are given to the public prosecutor or the court, and if there is a clear hearing or reading in the hearing, no offense will occur. On the other hand, this crime will occur if the contents of the speech between persons are already recorded, even if they are recorded in law, for example, on television or in newspapers.
Victory implies that the person may record his voice and hand it over to the judicial authorities, in order to preserve the right of the threat and the arrest of the perpetrator because the person is in a state of difficulty. In this case, the communicating party will be able to benefit from the lawfulness.
If one of the participants is the victim of the crime, it should be considered different, the privacy of private life, the protection of privacy in the Constitution, there is a situation that requires no benefit, as a consequence of a criminal situation.
The same opinion, the person who can be considered as self-defense, for example, insults, threats, blackmail offenses, and those who have recorded the conversation at the moment the evidence obtained by the victim would be lawful.
Secret listening is against the Constitution, but a victim who is exposed to a crime can record a tape for self-defense. In addition, personal injury lawyers can inform you of these issues.