The 11th Judicial Package: Crypto Assets and Personal Rights

We would like to provide information about the amendments regarding crypto assets and personal rights, in particular within the scope of the 11th Judicial Package, which was submitted to the Grand National Assembly of Turkey (TBMM) for evaluation on 27 November 2025.

1.   The fundamental regulations introduced in the Package regarding crypto assets, based on the necessity of effectively combatting crimes committed via modern technologies, addressing grievances and preventing unfair gains easily obtained by criminals, are as follows:

1.1 Suspension and Confiscation of Assets Derived from Crime

New audit mechanisms are being introduced regarding funds or documents held in accounts at banks, payment services or crypto asset service providers, or transferred through these accounts, where there is reasonable suspicion that they originate from a crime.

• Suspension (Freezing): In the event that crime-related funds or other assets are detected in accounts held at crypto asset service providers, a suspension process may be applied to prevent the transfer or processing of these assets.

• Purpose: These measures aim to prevent the acquisition of unfair gains resulting from crimes such as fraud, theft, and the misuse of bank or credit cards, and to ensure the rapid addressing of grievances.

1.2. Request for and Sharing of Information and Documents

Obligations to request from and share information with relevant institutions, within the scope of criminal investigations, are regulated:

• MASAK (Financial Crimes Investigation Board) Notification: Within the scope of suspicion of assets derived from crime, it is mandatory for the bank, payment service provider or crypto asset service provider to immediately report the total asset/liability information of the suspect and all information and records regarding transfers made to the Chief Public Prosecutor’s Office.

• Prosecutor’s Information Request: The public prosecutor may request information and documents regarding account balances or transactions held at the relevant bank, payment service provider or crypto asset service provider in order to compensate the damages of a person victimized by a crime.

• Amount Limitation: In order to rapidly compensate the victim’s loss, the account balance or document information that may be requested within this scope, is limited to Turkish Lira 100,000 per person.

1.3. Scope of Applicable Crimes

It is stated that these measures can be applied in investigations and prosecutions conducted through crypto asset service providers, particularly regarding crimes such as qualified fraud, theft, and the misuse of bank/credit cards.

These new regulations arise from the necessity to effectively combatting crimes committed with modern technologies, addressing grievances and preventing unfair gains easily obtained by criminals.

These regulations on crypto assets can be seen as an expansion of judicial and financial audit mechanisms, aiming on one hand to combat complex cross-border crimes brought about by technology and on the other hand, to ensure that victims have rapid recourse about their rights within legal processes.

2.   With respect to the amendments made to the Law on the Regulation of Broadcasts Made on the Internet and Fighting Crimes Committed Through These Broadcasts (Law No. 5651), the aim is to reorganize the procedures for applying removal of content and blocking of access measures in line with Constitutional Court decisions. Consequently, the articles titled Removal of Content and Blocking of Access and Violation of Personal Rights in Law No. 5651 have been rearranged as follows:

2.1 Removal of Content and Blocking of Access

To comply with the relevant decision of the Constitutional Court (“AYM”) (Merits: 2020/76; Decision: 2023/172), the regulation in Article 8 of Law No. 5651 has been revised, to state that when this measure is applied, removal from the internet in the form of removal of content and removal from servers or hosted content will be primarily preferred, and where not required, it shall be removed from the internet environment in a reversible manner. Furthermore, in accordance with the AYM Decision, an addition has been made stating that removal from the internet environment in the form of removal of content and/or removal from servers or hosted content shall be applied primarily, and when necessary, removal from the internet environment shall be ensured in a reversible manner.

2.2 Violation of Personal Rights:

The title and content of Article 9, which was previously annulled by the AYM, have been rearranged to ensure intervention in cases of violation of personal rights. With the new regulation, in order for the measure of removal of content and/or blocking of access to be applied, persons claiming that their personal rights have been violated, must apply to the criminal court of peace by presenting sufficient evidence that the violation has occurred.

Following the application, the judge shall conduct the review within a reasonable time and issue a decision within four hours at the latest; in cases where the violation of personal rights is clearly apparent, a decision for the removal of content or blocking of access may be made directly without an examination.

2.3 Direct Application (4-Hour Rule):

When content needs to be removed regarding social network providers with daily access of more than one million in Turkey, the person shall apply directly to the representative of the provider. If the provider does not remove the content within four hours or does not fulfill the request, an application may be made to the criminal judgeship of peace.

These amendments shall enter into force on the day the Package is published in the Official Gazette.