Is bitcoin all responsible for the stolen transaction
there is no way to find out the theft, just like where the blackmail virus is and who blackmailed it is still a mystery
the nature of bitcoin is that it cannot solve cases
bitcoin (bitcoin: bitcoin) was originally a kind of network virtual currency, which can buy real-life goods. It is characterized by decentralization, anonymity, and can only be used in the digital world. It does not belong to any country or financial institution, and is not subject to geographical restrictions. It can be exchanged anywhere in the world. Therefore, it is used as a money laundering tool by some criminals.
from the point of view of the crime of illegally obtaining computer information system data, bitcoin, as a virtual property, does not belong to other property stipulated in Article 92 of the criminal law, and is not the "property" protected by theft. In my opinion, this conclusion does not pay attention to the value attribute of virtual property, and can not adapt to the development of information network era
first, although Article 92 of the criminal law stipulates the crime of property, it does not specify the existing forms and types of property, let alone the tangible and intangible of property. On the contrary, the provision of "other property" provides space for interpretation of bitcoin, an intangible property
Second, article 265 of the criminal law stipulates that anyone who, for the purpose of making profits, stealthily connects another person's communication lines, copies another person's telecommunication codes or signals, or knowingly uses the stealthily connected or copied telecommunication equipment or facilities shall be convicted and punished for the crime of theft. The Supreme People's court and the Supreme People's Procuratorate clearly take electric power, gas, tap water and other properties as the objects of theft in the interpretation on Several Issues concerning the application of law in handling criminal cases of theft. In this case, the object of protection of larceny is not limited to tangible objects, but can contain intangible objects, even property interests
thirdly, although virtual property is attached to cyberspace, it has certain conversion methods and transaction rules with real property. Therefore, the virtual form does not mean the virtual value. On the contrary, it represents the real property of the obligee. In addition, the protection of legal interest of theft is the ownership of property or the actual possession of property. Because the carrier of bitcoin is data, the obligee can control, possess and dispose of bitcoin according to certain operation mode
fourthly, bitcoin is interpreted as property, not by analogy. The difference between analogical interpretation and extended interpretation lies in whether it goes beyond the possible scope of literal meaning. With the increasing importance of data, virtual property has been widely known and put into the legal system as a new type of property. As a typical representative of virtual property, bitcoin is used as a token, which is far from the game virtual currency. Even if bitcoin is interpreted as property, it does not exceed the possibility of ordinary people's prediction of "property"
bitcoin, as a virtual property, meets the requirements of "property" in criminal law and has the property nature. Therefore, in the case of bitcoin theft, it is more reasonable to regulate it by theft.
Bitcoin is a kind of virtual commodity. In recent years, the price of bitcoin has been soaring. Recently, after more than three months of investigation, the Public Security Bureau of Zhongyuan Oilfield in Henan Province successfully cracked the first case of bitcoin theft in China
on July 27 this year, the Public Security Bureau of Zhongyuan Oilfield in Henan Province received an alarm from Wu, a resident under his jurisdiction, saying that he had lost more than 3.4 million yuan worth of bitcoin in his Internet wallet. Wu is a professional investor and has been investing in bitcoin since 2016. In early 2017, he was drawn into a wechat group of bitcoin investors
the victim Wu: at the end of the day, he said he was also responsible. Although he said that he taught me to lose my coin, he was also kind-hearted. He said that he would compensate me for 10 (bitcoin), saying that he could only bear his part of the responsibility. Later, he used Alipay to transfer money to me. If it had nothing to do with him, how could he casually accompany others for more than 100000, not a small number
after cracking the password stealing software, the police arrested the suspect
after preliminary investigation, the police determined that Dai, the leader of wechat group, was suspected of committing a major crime. On August 9 this year, the police controlled Dai in Shanghai. In Dai's home, the police found 27 bank cards and multiple computers. In one computer, as like as two peas, the police found a net wallet software that was exactly the same as the victim's use. p>
it turns out that Dai is proficient in software programming. After cracking the downloaded genuine wallet software, he adds a program to transmit user name and password to steal bitcoin. Once someone deposits bitcoin in the E-wallet, he will know the other party's account name and password, and transfer bitcoin in the E-wallet. He distributed the stolen bitcoin in hundreds of network wallets, transferred it back and forth, and sold it at a low price on the trading platform after confirming its security. In this way, Dai has committed three crimes involving more than 20 million yuan. At present, the police have found out Dai's account and frozen it, recovering more than 2 million yuan of stolen money
according to the police, bitcoin is a virtual commodity, which is difficult to be recovered once there is a problem in the transaction
Su Haizhou, leader of Criminal Investigation Detachment of Henan Zhongyuan Oilfield Public Security Bureau: bitcoin trading platform our country has closed all three platforms before the end of October 2017. At present, the country only recognizes bitcoin as a virtual commodity, not as a virtual currency. So you need to be careful if you want to invest in bitcoin