Evaluation of blockchain technology and crypto assets within the scope of Turkish Criminal code no. 5237

Blockchain technology and hence the first crypto asset, made its debut in 2008, when a person or group of people known in the internet world by the pseudonym Satoshi Nakamoto, mined the first block of the blockchain network named "Bitcoin". Although there have been various studies in the field of cryptography and distributed ledger technologies in the past, blockchain technology which emerged by combining all the existing experiences before it, has managed to become a focal point for many areas all over the world, especially in the financial sector. In our opinion, there is a need to provide an approach to blockchain technology and its contents, especially crypto assets which is a very current and interesting subject in our country, in terms of criminal law. As a matter of fact, it is indisputable that crypto assets, which are seen as an investment tool by many people in our country and the blockchain which is the basis of the formation of these assets are among the legal values that need to be protected. However, the legal nature of blockchain and crypto-assets and the legal approach to them are controversial in the doctrine. The basis of the debate is that there is no regulation that determines the legal nature of crypto-assets. This debate has become a problem that should also be evaluated in terms of criminal law, considering the issue of whether crypto assets and blockchain are suitable for the type in terms of various criminal regulations. For this reason, the main focal points of our study are the determination of the legal qualifications of the blockchain and its contents, whether it is appropriate to the type in terms of the existing crimes regulated in the Turkish Criminal Code No. 5237 and whether there is a need for a new type of crime. With this framework in our study, firstly, the technical dimension of the blockchain technology and crypto-assets, in particular the technical dimension of the related items, are analyzed from the perspective of a person, who studies law in order to better evaluate their legal dimension. Subsequently, the legal qualifications of this technology and crypto-assets from various perspectives have been examined, the regulation studies in our country and in the world have been mentioned and our own opinion has been given in terms of their legal qualifications. Finally, this technology and its content are analyzed in terms of criminal law based on the legal qualifications determined in our opinion. The criminal law dimension of the subject of the study is limited to the types of crimes in the Turkish Criminal Code No. 5237. Based on the result of the legal nature of blockchain and crypto assets that we are convinced, it was first evaluated whether there is a need for a new type of crime in the context of blockchain and its contents. Crimes that may be related to blockchain and crypto assets have been subjected to a classification. The crimes mentioned in the context of this classification have been analyzed in terms of blockchain and its content, taking into account the opinions in the doctrine regarding their general appearance outside the blockchain, and our opinions on the appearance of these crime types in the blockchain and what approach should be taken are included.