CMK 128/A: 48-Hour Account Suspension in Forex and Crypto Fraud

In forex and crypto scams, the most critical problem is that the money is moved to other accounts or abroad within minutes. Article 128/A of the Code of Criminal Procedure (CMK), which entered into force at the end of 2025 in Turkish law, offers a quick means of intervention at exactly this point and has noticeably increased the chance of tracing and freezing the victim’s money.

⚖️ What Is CMK 128/A?

CMK 128/A is a measure added to the Code of Criminal Procedure by Law No. 7571 (the 11th Judicial Package) that allows quick suspension of bank and crypto asset accounts in property offences committed through information systems. Because classic seizure orders take time, scammers used that period to spread the money. The new provision aims to close this gap.

⏱️ How Does the 48-Hour Suspension Work?

Where there is reasonable suspicion that the listed offences have been committed, banks, payment service providers and crypto asset service providers may suspend the relevant account for up to 48 hours. This is a “shock intervention” power aimed at preventing the money from being moved away.

The 48-hour period gives the authorities conducting the investigation time to step in and issue a permanent measure (seizure, blocking order). If no judicial decision is given by the end of the period, the suspension lifts; if one is given, the measure on the account continues within the legal framework.

📋 Which Offences Are Covered?

The provision primarily targets qualified fraud (Article 158 of the Turkish Penal Code) committed using information systems, and related property offences. The forms most often seen in practice are:

• Fraud carried out through fake investment and forex websites
• Capture of account and card details through phishing
• Fake crypto projects and imitation exchanges
• Organised traps of the “complete tasks and earn money” type

💸 Is the Victim’s Money Returned?

The most important aspect of the provision is the return mechanism. If, during the investigation or prosecution, it becomes clear that the seized asset was obtained from the offence and belongs to the victim, its return to the victim may be ordered. In this way victims have a route that opens the way to getting their money back without waiting years for the trial to conclude.

🔍 What It Means for Forex and Crypto Victims

On unlicensed forex platforms based abroad and on fake crypto exchanges, the money usually moves through intermediary accounts and crypto wallets. CMK 128/A makes quick intervention possible at the Türkiye end of this chain (a correspondent bank account, an account at a licensed crypto platform). When run alongside other routes such as chargeback, precautionary injunction and seizure, the prospects of recovery increase.

❓ Frequently Asked Questions