Will theft of digital currency be convicted of theft
Publish: 2021-05-20 00:47:30
1. In the current judicial environment, the network virtual property should not be included in the category of "property" in the crime of theft stipulated in Article 264 of the criminal law. The theft of network virtual property is not recognized as theft. If it constitutes other crimes, it shall be punished according to other crimes, such as the crime of illegally obtaining computer information system data
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. Both tangible and intangible objects have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured
as for the meaning of online virtual property, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of online game virtual currency, which was implemented on June 4, 2009, defines online game virtual currency: it is issued by online game operation enterprises, and game users use legal currency to purchase it directly or indirectly in a certain proportion, which exists outside the game program, It is a virtual exchange tool, which is stored in the server provided by online game operators in the form of electromagnetic recording and expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
from the above definition, we can see that the network virtual property has the following obvious characteristics: value specificity, a certain network virtual property can only exist in the game running on a specific server, can not be placed in other games, without a specific game, there is no value; The existence of its economic value depends on whether the players subjectively believe that it has use value and whether it can actually achieve transactions between different players in the same game; The value difference is different for different players, but it has no value for non players
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. But no matter they are tangible or intangible, they all have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured. In contrast, the network virtual property is obviously different from the "property" in the criminal law of our country, which does not conform to the concept of public and private property in the general sense of public cognition. The legal attribute of network virtual property is actually computer information system data, a virtual exchange tool, which can not be the object of theft< In addition, according to the principle of a legally prescribed punishment for a specified crime, only those who are prescribed as crimes by law can be treated as crimes, while those who are not prescribed as objects of crimes by law cannot be treated as objects of crimes. At present, China's criminal law and previous judicial interpretations on larceny have made clear provisions on "public and private property", but the network virtual property has not been interpreted as the object of larceny
from the definition and attributes of network virtual property, the essence of the legal attribute of network virtual property is electromagnetic records, that is, electronic data. The act of stealing network virtual property is fully in line with the constitution of the crime of illegally obtaining computer information system data stipulated in article 285 of the criminal law. The application of this crime is enough to objectively and comprehensively evaluate the nature of the act< It is difficult to identify the value of network virtual property
■ judicial observation
as for how to identify the value of network virtual property, there is no unified and universally recognized calculation standard in the theoretical and judicial circles
first of all, the current judicial interpretation does not stipulate how to determine the value of network virtual property, and there is no clear basis for its determination in judicial practice, so there will be disputes in determining its value anyway; Secondly, in the objective sense, network virtual property itself has no value, and its value can only be determined when players trade, which is difficult to be identified from an objective point of view; Thirdly, the value of network virtual property can only exist in a specific server and a specific player, which is separated from a specific server and lost the so-called value. There are different values for different players, so it is difficult to have a unified calculation standard; Finally, it is not objective to identify the value according to the repair cost or expected income paid by the server operator e to theft
therefore, defining the act of stealing network virtual property as theft will bring a series of problems to the determination of the amount. In the absence of a unified and objective calculation method of the amount and the determination of the crime of illegally obtaining computer information system data, it is not appropriate to interpret network virtual property as "property" in theft
from the perspective of overseas criminal legislation and justice, it is rare to treat the theft of network virtual property as theft. The theoretical circle and judicial practice of Italian criminal law do not recognize that the act of stealing virtual property constitutes the crime of theft stipulated in Italian criminal code. It follows the principle of style interpretation and forbids to expand the interpretation of "property", including information data. As for the infringement of network virtual property, the Italian criminal code has set up a section after the traditional crime. Although there are cases in the criminal judicial practice of Japan that determine the crime of using electronic computer to defraud virtual property, it stipulates the special crime of "using electronic computer to defraud" after the traditional crime of fraud. The general theory of Japanese criminal law also believes that the fictitious property does not belong to the crime object of theft stipulated in the Japanese criminal code
in 2003, the criminal code of Taiwan deleted the provision that electromagnetic records were set as movable property in 1997, and the provisions on stealing electromagnetic records are applicable to computer crimes such as obtaining computer information system data
in conclusion, according to the special nature of network virtual property, it does not have the property attribute in the sense of criminal law. Based on the principle of legality, the theft of network virtual property can not be regarded as theft, but can be punished as the crime of illegally obtaining computer information system data.
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. Both tangible and intangible objects have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured
as for the meaning of online virtual property, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of online game virtual currency, which was implemented on June 4, 2009, defines online game virtual currency: it is issued by online game operation enterprises, and game users use legal currency to purchase it directly or indirectly in a certain proportion, which exists outside the game program, It is a virtual exchange tool, which is stored in the server provided by online game operators in the form of electromagnetic recording and expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
from the above definition, we can see that the network virtual property has the following obvious characteristics: value specificity, a certain network virtual property can only exist in the game running on a specific server, can not be placed in other games, without a specific game, there is no value; The existence of its economic value depends on whether the players subjectively believe that it has use value and whether it can actually achieve transactions between different players in the same game; The value difference is different for different players, but it has no value for non players
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. But no matter they are tangible or intangible, they all have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured. In contrast, the network virtual property is obviously different from the "property" in the criminal law of our country, which does not conform to the concept of public and private property in the general sense of public cognition. The legal attribute of network virtual property is actually computer information system data, a virtual exchange tool, which can not be the object of theft< In addition, according to the principle of a legally prescribed punishment for a specified crime, only those who are prescribed as crimes by law can be treated as crimes, while those who are not prescribed as objects of crimes by law cannot be treated as objects of crimes. At present, China's criminal law and previous judicial interpretations on larceny have made clear provisions on "public and private property", but the network virtual property has not been interpreted as the object of larceny
from the definition and attributes of network virtual property, the essence of the legal attribute of network virtual property is electromagnetic records, that is, electronic data. The act of stealing network virtual property is fully in line with the constitution of the crime of illegally obtaining computer information system data stipulated in article 285 of the criminal law. The application of this crime is enough to objectively and comprehensively evaluate the nature of the act< It is difficult to identify the value of network virtual property
■ judicial observation
as for how to identify the value of network virtual property, there is no unified and universally recognized calculation standard in the theoretical and judicial circles
first of all, the current judicial interpretation does not stipulate how to determine the value of network virtual property, and there is no clear basis for its determination in judicial practice, so there will be disputes in determining its value anyway; Secondly, in the objective sense, network virtual property itself has no value, and its value can only be determined when players trade, which is difficult to be identified from an objective point of view; Thirdly, the value of network virtual property can only exist in a specific server and a specific player, which is separated from a specific server and lost the so-called value. There are different values for different players, so it is difficult to have a unified calculation standard; Finally, it is not objective to identify the value according to the repair cost or expected income paid by the server operator e to theft
therefore, defining the act of stealing network virtual property as theft will bring a series of problems to the determination of the amount. In the absence of a unified and objective calculation method of the amount and the determination of the crime of illegally obtaining computer information system data, it is not appropriate to interpret network virtual property as "property" in theft
from the perspective of overseas criminal legislation and justice, it is rare to treat the theft of network virtual property as theft. The theoretical circle and judicial practice of Italian criminal law do not recognize that the act of stealing virtual property constitutes the crime of theft stipulated in Italian criminal code. It follows the principle of style interpretation and forbids to expand the interpretation of "property", including information data. As for the infringement of network virtual property, the Italian criminal code has set up a section after the traditional crime. Although there are cases in the criminal judicial practice of Japan that determine the crime of using electronic computer to defraud virtual property, it stipulates the special crime of "using electronic computer to defraud" after the traditional crime of fraud. The general theory of Japanese criminal law also believes that the fictitious property does not belong to the crime object of theft stipulated in the Japanese criminal code
in 2003, the criminal code of Taiwan deleted the provision that electromagnetic records were set as movable property in 1997, and the provisions on stealing electromagnetic records are applicable to computer crimes such as obtaining computer information system data
in conclusion, according to the special nature of network virtual property, it does not have the property attribute in the sense of criminal law. Based on the principle of legality, the theft of network virtual property can not be regarded as theft, but can be punished as the crime of illegally obtaining computer information system data.
2. It is not a crime of theft to steal game currency without taking it, which depends on two aspects: 1. Whether the amount of theft is large (more than 3000 yuan); 2; 2. Is not the theft of game money directly under their control. If the answer is yes, it is suspected of theft.
3. Due to the lack of legal provisions, the handling of the theft of virtual property, which is different from the real theft, is very inconsistent in different places: some public security organs do not file a case, some impose a warning, fine or public security detention on the perpetrator in accordance with the relevant provisions of the regulations on the security protection of computer information systems and the administrative measures for the security protection of computer information network international networking; Some courts have convicted and sentenced the defendant for theft, while others think that this is not in line with the principle of a legally prescribed punishment for a specified crime. Because the virtual property such as q-coin has not been regarded as a property right in law, they have sentenced the defendant to the crime of obstructing the freedom of communication. Different courts have ruled that in online games, many game masters can sell these game coins after earning a lot of game coins. This also includes some network hackers who steal the QQ number and then the QQ coin bound with the QQ number. These people often change the stolen Q currency into game currency, and then change the game currency into Q currency to launder money, and then sell it for cash
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan
case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft
there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan
case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft
there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
4.
Larceny refers to the purpose of illegal possession, the amount of theft is large, or more times, stealing things may not be sentenced
First, the definition of larceny< p> Article 264 of the criminal law of the people's Republic of China has provisions on the crime of theft. The contents of the provisions are as follows: < blockquote >& lt; Larceny refers to the act of stealing public and private property for the purpose of illegal possession, such as larceny of large amount or multiple times, burglary, theft with lethal weapons, pickpocketing public and private property& rdquo;
< / blockquote >from this sentence, we can see that to constitute a crime of theft, the most important thing is to steal a large amount of money, or a large number of times, or burglary, or theft with a lethal weapon
but there are still special circumstances, even if the amount of theft is small, you should be sentenced:
< blockquote >stealing 800 yuan of public and private property. If you have one of the following circumstances, you can be investigated for criminal responsibility. The benchmark penalty is fixed-term imprisonment for six months, and the sentence will be increased by six months for each additional circumstance:
1
2. Stealing the property of the disabled, the widowed old or the disabled
3. Causing serious consequences or having other bad circumstances
5. 1. This problem is more complicated, so lawyers should be hired to protect it, and it is better to defend it according to economic disputes
2. From what you said, this case does not constitute theft and may be suspected of embezzlement. It would be much lighter if it was treated as a crime of embezzlement.
2. From what you said, this case does not constitute theft and may be suspected of embezzlement. It would be much lighter if it was treated as a crime of embezzlement.
6. Theft of public or private property with a value of more than 1000 yuan to 3000 yuan constitutes theft. Due to the different economic conditions in different places, different provinces and cities have different sentencing standards for the crime of theft. Please refer to the standard of the place of crime again< Legal basis:
1. The interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of theft "Huge amount" and "especially huge amount". The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the central government may, in the light of the local economic development and taking into account the social security situation, determine the specific amount standards to be implemented in their respective regions within the amount range specified in the preceding paragraph, and report them to the Supreme People's court and the Supreme People's Procuratorate for approval
2. Article 264 of the criminal law [larceny] Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglaries, burglaries with lethal weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated.
1. The interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of theft "Huge amount" and "especially huge amount". The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the central government may, in the light of the local economic development and taking into account the social security situation, determine the specific amount standards to be implemented in their respective regions within the amount range specified in the preceding paragraph, and report them to the Supreme People's court and the Supreme People's Procuratorate for approval
2. Article 264 of the criminal law [larceny] Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglaries, burglaries with lethal weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated.
7. Suspected of theft, according to the amount of money involved in the case, whether there is voluntary surrender, the victim's understanding and other circumstances, by the court to determine the sentence of the whole case
Article 264 of the criminal law: "Whoever steals a large amount of public or private property, or repeatedly steals, burglaries, burglaries with lethal weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated. "<
interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of theft
Article 1 theft of public or private property with a value of more than 1000 yuan to 3000 yuan, 30000 yuan to 100000 yuan, and 300000 yuan to 500000 yuan shall be recognized as "large amount" and "large amount" respectively as stipulated in Article 264 of the criminal law "Huge amount" and "especially huge amount".
Article 264 of the criminal law: "Whoever steals a large amount of public or private property, or repeatedly steals, burglaries, burglaries with lethal weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated. "<
interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of theft
Article 1 theft of public or private property with a value of more than 1000 yuan to 3000 yuan, 30000 yuan to 100000 yuan, and 300000 yuan to 500000 yuan shall be recognized as "large amount" and "large amount" respectively as stipulated in Article 264 of the criminal law "Huge amount" and "especially huge amount".
8.
starting from the object of proof of theft, we can establish the standard of evidence from the aspects of subject evidence, behavior evidence, result evidence, subjective evidence and plot evidence 1) Subject evidence. Proof of identity and registered residence should be included. 2) Behavioral evidence. It should include the victim's statement about the stolen goods and their characteristics at the specific time, place and location; The testimony of the insider about theft and theft by the suspect and defendant. To prove the physical objects and photographs, physical evidence and trace inspection reports of gloves, shoes, criminal tools, stolen money, stolen goods and other physical evidence worn by criminal suspects and defendants. 3) There is no evidence of the result. It should include the statement of the victim about theft, the testimony of the suspect, the defendant, the testimony of the stolen property, the testimony of the stolen property, and the proof of the theft of property. 4) Subjective evidence. It should include evidence that the suspect and defendant actually occupy, use, sell, rent, lend money and stolen goods. The suspect and defendant admit the confession of theft facts by themselves. 5) Plot evidence. The evidence of conviction circumstances should include price identification, goods invoice, etc; The evidence of sentencing circumstances should include the status and role of the actor in the joint crime, the nature of the stolen unit, the way of committing the crime, whether the actor has a criminal record in the past, the situation of the victim, the nature of the stolen goods, the loss and other evidence
9.
according to the different economic development and public security situation in different regions in different periods, the starting point of filing a theft case is also different, not exactly the same. According to laws and regulations, theft of public and private property, the amount of crime reached the "large amount" starting from 1000 yuan to 3000 yuan. The amount of theft is not only related to the amount of theft. If the amount of theft does not reach the prescribed amount, it may also be suspected of theft
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