Crypto exchange accounts may be frozen (blocked) for different reasons. Proper management of the process determines the chances of asset recovery.
Blocking Reasons
1. MASAK / Prosecutor's Office Measure
Injunction decision of the prosecutor's office or criminal judgeship of peace upon the notification of MASAK after the suspicious transaction notification.
2. Stock Exchange Internal Control (KYC / AML)
Detection of unusual movements according to the stock exchange's own risk score system; request for additional identity or transaction verification.
3. Suspicious Account Transfer / Hack
The exchange may be freezing the account as a security measure on suspicion of theft/transfer.
4. Judicial Warrant
On the warrant sent by the creditor / court within the scope of a third file.
First Things to Do
Application to the Prosecutor's Office (MASAK Block)
If the blockage is due to MASAK, a return petition is submitted to the public prosecutor's office. In the petition:
- Account owner and transaction history
- Crypto buying/selling sources are legal
- Legitimacy of bank transfers
- Nature of business/trade
- Document attachments (bank, invoice, contract, tax documents)
Objection to the Decision of the Criminal Court of Peace
If an injunction decision has been made, an objection may be made to a higher criminal judgeship of peace within 7 days in accordance with CMK Article 268.
Administrative Court (BTK on Access Blocking)
If foreign exchange access is blocked by BTK decision, a lawsuit can be filed in the administrative court to annul the decision (60 days).
Constitutional Court Individual Application
After domestic remedies have been exhausted and if the violation of rights continues, an individual application can be made to the Constitutional Court within 30 days.
The Constitutional Court determines a property right violation if the blocking period is unreasonable (e.g. more than 1 year). The failure of the public prosecutor's office to make a decision within a reasonable time is also a reason for violation.
Supreme Court Approach
The Supreme Court emphasized that "the value of the asset is variable" in the seizure of crypto assets, and therefore the necessity of making a quick decision; He stated that a prolonged delay would exceed the purpose of the measure.
Practical Tips
- Maintain proof of origin and expenditure for all your crypto transactions
- Make an informative correspondence with the bank before high amount transactions
- Keep your KYC level at the highest level on your exchange
- Do not interact with suspicious addresses (wallets on the transaction list)
- Get immediate legal support for transfers suspected of fraud
Exchange blocking processes require precise time management and technical knowledge. Initiating the process with An attorney specialized in IT and financial law significantly increases your chance of refund.