Developing technology and the digitalizing world have led to many changes in every aspect of our lives. One of these, of course, has manifested itself in the economic field. People, who meet their needs through barter and use various products as a medium of exchange, came up with the idea of ​​printing this value on a piece of paper over time. In the last century we live in, paper money has been packed into a single card. "Crypto" technology, which is still developing, occupies our agenda this time with its completely intangible existence rather than a concrete asset that we can fit in our pocket. Although the use of crypto currencies as investment tools by a wide range of people attracts people, it raises some question marks in the minds of buyers who want to invest. One of these is the issue of "whether a person's cryptocurrency accounts can be seized in case of fraud". Before moving on to the subject, it is useful to make a few definitions.

What is cryptocurrency?

Cryptocurrency 'cryptocurrency' is derived from the words 'crypto' and 'currency'. Cryptocurrency; It is a digital or virtual currency that uses cryptography (encryption science) to ensure security (Information Technologies and Communications Authority Cryptocurrency Research Report, Ankara 2020)

Although "cryptocurrency" has not yet been defined in our country's legislation, studies on this subject continue. One of the most important developments in our country in this direction is the "Regulation on the Non-Use of Crypto Assets in Payments" published in the Official Gazette dated Friday, April 16, 2021, and with this regulation, the definition of "Crypto Asset" was made for the first time. In addition, in the "Eleventh Development Plan" published by the Strategy and Budget Directorate, it was stated that Blockchain-based digital central bank money will be implemented. Accordingly, crypto assets refer to intangible assets that are created virtually using distributed ledger technology or a similar technology and distributed over digital networks, but are not considered fiat money, fiat money, electronic money, payment instrument, security or other capital market instrument. As can be understood from the definition, crypto assets are not just cryptocurrency. It is possible to use crypto assets for different purposes. However, in our article, we will talk about whether it is possible to seize cryptocurrency accounts that represent a monetary value.

Is it possible to seize cryptocurrencies?

In accordance with Article 85 of the Execution and Bankruptcy Law, as a rule, it is possible to seize all kinds of assets of the debtors. In other words, the goods that cannot be seized are limited in the law. For this reason, in cases where it is known that the debtor has a registered cryptocurrency account, a warrant can be sent to the relevant institutions. Although there are current local court decisions on this issue, there is no doubt that precedent-setting precedents will emerge over time.

Cryptocurrency crimes within the scope of the Turkish Penal Code

The rapid increase in cryptocurrency services has, of course, brought with it some negativities and attracted the attention of malicious people. For this reason, the ways in which crimes are committed in virtual environments have diversified over time. People can become victims of crimes such as theft and fraud through cyber attacks or promises of quick benefits. At this point, it is important to explain the nature and nature of the crime both to the prosecutor's office. When a suspicious situation is encountered, we recommend that action be taken quickly and accurately in order to provide precautionary protection and to prevent further victimization.

Av. Beyzanur Yılmaz Prepared by.