Detection of my interaction; It is to bring the phone records of the people and to determine with whom, during what time and at what time intervals the people talked with these records.
CAN SPOUSES REQUEST CONTACT DETERMINATION?
In the previous practice, it was possible to determine the communication of third parties, not the parties to the case. The court accepted these demands and wrote a memorandum to the communication operators and the contact details were brought. This was a practice contrary to the privacy of private life and freedom of communication contained in the Constitution. In current practice, however, the issue of unlawful evidence finds a wide range of scrutiny, and this framework is expanded with various interpretations. Thus, the violation of the rights and freedoms of the parties and third parties is prevented.
The determination of the communication may be requested by the parties from the court, and the court may accept these requests and request the determination of the communication. In a way, the court is made an intermediary regarding the communication records of the spouses. The legal limits of requesting the identification of communication is a controversial issue. So, is the application of detection of communication a legal application? While the discussion of this issue is still ongoing, the determination of communication is an interference with the freedom of communication and private life in our Constitution.
DETECTION OF 3rd PARTIES COMMUNICATION NON-JURISDICTION
CAN I REQUEST?
Although some courts accept the requests of third parties out of action as a result of the detection of communication, these requests of third parties out of action are unlawful.
CAN ONE OF THE WIFE REQUEST FROM THE COURT TO DETERMINE IF THE OTHER WIFE STAYS AT THE HOTEL WITH 3rd PARTY?
In this case, the parties may request from the court to write a warrant to the police and ask whether the defendant spouse is staying in any hotel with another woman or man. The court may decide to write a warrant to the police in this direction. However, it is against the law for people to find and submit hotel records by their own means, and since the records submitted within this scope are unlawful evidence, these records cannot be taken as a basis for the decision by the court.
This is against the principle of freedom of communication and inviolability of private life regulated in our Constitution. Fundamental rights and freedoms regulated in our Constitution can only be limited by law and this fundamental right can only be interfered with by the decision of the Judge.
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