Spyware gift: He tracked his wife with a phone
The 12th Criminal Chamber of the Court of Cassation has overturned the acquittal of a defendant who gifted his wife a phone with spyware installed, requesting a retrial.
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In an incident that took place in Ankara, an individual installed spyware on a phone he gifted to his wife before they were married, recording her messages and conversations.
The defendant, who was found to have played these recordings for her father, was put on trial following his wife's complaint.
The defendant was initially sentenced to a total of 3 years and 4 months in prison for the crimes of 'violating the confidentiality of communication' and 'disclosing the confidentiality of communication.' However, the 12th Criminal Chamber of the Ankara Regional Court of Justice ruled for the defendant's acquittal on the grounds that the act did not constitute a crime.
PRISON SENTENCE OVERTURNED ON APPEAL
The case was moved to the Court of Cassation, and the Office of the Chief Public Prosecutor at the Court of Cassation argued that the defendant was guilty and should be punished. The 12th Criminal Chamber of the Court of Cassation found the appellate court's decision to be contrary to the law and overturned it. The ruling emphasized that the defendant's actions constituted a crime under Article 132 of the Turkish Penal Code.
The Court of Cassation stated that obtaining and sharing personal information without permission is a crime, noting that it was unlawful for the appellate court to issue an acquittal based on insufficient grounds.