A General Overview of Blockchain Technology and Crypto Assets From the Perspective of Criminal Law
摘要
This study examines the emerging legal challenges posed by blockchain technology and crypto assets within the scope of criminal law. The digital characteristics of crypto assets, which do not align with traditional conceptions of property and value, necessitate a rethinking of fundamental criminal law concepts. Notably, elements such as anonymity, decentralization, and immutability inherent in blockchain systems create significant legal obstacles in identifying the object of a crime, determining the perpetrator, and collecting evidence. The study provides a detailed analysis of the relationship between crypto assets and conventional criminal offenses such as theft, fraud, extortion, forgery, and cybercrimes. In this context, it evaluates whether crypto assets can be considered “movable property,” whether they possess patrimonial value, and how attacks on digital wallets may be classified under existing offense types. The digital extortion cases involving the unlawful acquisition of private keys exemplify how traditional elements of force and threat are translated into the digital sphere. Moreover, the increasing use of crypto assets for money laundering and tax evasion is addressed, particularly within the framework of Turkish Criminal Code Article 282 and Tax Procedure Law Article 359. Regulatory perspectives, such as those of MASAK and the FATF, are also assessed. In addition, the connection between data-related crimes and crypto assets—unauthorized access, data manipulation, and personal data protection—is analyzed. This research adopts a qualitative methodology, systematically examining relevant literature and documents. The findings underscore the need for clearly defined legal classifications of crypto assets, normative regulations aligned with the digital era, and the development of specialized investigative and prosecutorial methods grounded in technical expertise.