Cases of virtual currency criminal detention release

1. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.

2.

According to the news on February 10, 2018, on September 4, 2017, seven ministries and commissions of the people's Republic of China issued the notice on preventing the financing risk of token issuance, which regulates the issuance of tokens. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, and it has no monetary attributes such as legal compensation and mandatory, It does not have the same legal status as currency and cannot and should not be used as currency in the market. Nevertheless, it is undeniable that all kinds of "virtual currency" still have a certain property value and are part of the property of the holder. So, how to identify the nature of the theft of such tokens

In order to protect the legitimate rights and interests of "virtual token" holders, the author intends to discuss such issues through a relevant news report and relevant cases

stealing bitcoin

recently, a news report said that Haidian police in Beijing cracked a case of destroying computer information system. The suspect Zhong used his administrator's authority to modify the company's computer applications and steal 100 bitcoins. Before he could sell the stolen money, Zhong was arrested by the police. At present, Zhong was detained for the crime of destroying computer information system

it can be seen from the report that the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system. The crime of destroying the computer information system stipulated in Article 286 of the criminal law of our country refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the provisions of the state, resulting in the abnormal operation of the computer information system and serious consequences, or deleting, modifying or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences

In the author's opinion, this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interest protected by this crime is actually the public order of our society, not the property interests of the digital currency holders, which in fact denies the property value of digital currency, It is only protected as a data or system function in a computer system. The author thinks that there is some irrationality in this way

first of all, in the notice on the prevention of bitcoin risk issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and does not have such monetary attributes as legal compensation and compulsion. Bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored

Secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail. Although only the protection of the network virtual property has made the principle provisions, but it can not be denied that this shows our country's attitude towards the protection of the network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the future

finally, from the relevant cases, we can also see the recognition of the property attribute of virtual currency such as bitcoin in China's judicial practice. In April and may 2013, Liu premeditated to set up a bitcoin trading platform, so he recruited Jin and Huang (both sentenced) to jointly set up a "bitcoin" trading platform. During this period, Liu, Huang, Jin, Jin and the defendant he, in addition to other acts of directly stealing customers' funds, also frequently cashed RMB by selling customers' bitcoins, and transferred 120 bitcoins from the website. Finally, the court convicted and punished the defendant for fraud, and the bitcoin transferred by the defendant was also included in the property loss of the victim. Therefore, from the judicial cases, we can also get the recognition of the property attributes of virtual currency such as bitcoin

based on the above reasons, the author thinks that it may be unreasonable to regulate the theft of virtual currency only as the crime of damaging computer information system. We should face up to the hidden property value and consider the application of the crime of infringing property in China's criminal law. Only in this way can we effectively protect the legitimate rights and property of digital currency holders in China

3. For example, the game currency used in online games, in fact, is recharged with real currency, or the game reward (game equipment or level) you get for spending a lot of time and energy in the game. In a sense, it condenses your labor and forms the income of labor, so when others violate your virtual currency in the game, That is, it constitutes a crime
in the form of game fraud, game account theft, etc

4.

The search for bitcoin on the Internet has been going on all the time, and its price has been fluctuating and rising, and has broken through a number of barriers, such as $30000, $40000 and $50000. It has become the most popular investment contract in the virtual currency circle, but e to market volatility, for greater reasons, it will be cleared almost every trading day. The huge amount of money involved makes some investors completely unable to calm down. Of course, for those traders who make profits many times, they will naturally make a lot of money, and their personal wealth will be more and more. Therefore, when investing in virtual currencies (such as bitcoin), when the market fluctuates sharply, there will be some happy and sad phenomena

In addition, although the current price of bitcoin has been rising, there is still a lot of controversy in the market. Many financial institutions take a negative attitude and regard it as a speculative asset rather than a currency because of its lack of practicality. Value support, and at the same time issued a number of warnings. In addition, India is about to implement the ban on cryptocurrency, other countries are not very optimistic about the prospect of virtual cryptocurrency, some criminals use their hidden money laundering crimes, so there are many uncertainties in the future market trend

5. Qiu Hui, 27, used the convenience of working in an Internet company to unfreeze the account with virtual currency and sell it at a low price, making huge profits. The reporter learned today that the Beijing Second Intermediate People's Court of final appeal rejected Qiu Hui's appeal and upheld the court of first instance's sentence of four years' imprisonment for the crime of embezzlement
on November 1, 2005, Qiu Hui found that three of the company's online accounts with virtual currency were frozen, so he unfrozen the three accounts and bought all the company's game cards with the virtual currency of 1624 519 karat, worth more than 162000 yuan. Qiu Hui sold the game cards to others at a low price, making a profit of more than 150000 yuan. On June 28, 2006, when Qiu Hui was investigated by the company, he admitted most of the facts of the crime and returned 120000 yuan to the company. The rest of the money was wasted by Qiu Hui
after the trial and judgment of the court of first instance, Qiu Hui refused and appealed to the second intermediate people's court
after hearing, the second people's court held that Qiu Hui, as a manager of the company, took advantage of his position to embezzle the company's money, and the amount was huge. His behavior constituted the crime of embezzlement and should be punished according to law. The judgment of the first instance is correct and should be upheld< br /> http://www.fcx114.com/cxbg/7451.html

6. Buying and selling virtual currency is not protected by law, but some pyramid schemes use virtual currency. Many cheaters have been arrested.

7. The dressing of jewelry processing is to get a certain probability of gem from 5 parts of ore and destroy the ore at the same time. The following is the probability:

copper ore
required skills: 1
quantitative probability of mineral processing results
copper slag 1 100.0%
Malachite 1 50.0%
Huyan 1 50.0%
shadowstone 1 10.0%

required skills: 50
quantitative probability of mineral processing results
Tin slag 1 100.0%
Green Agate 1-2 35.0%
secondary Moonstone 1-2 35.0%
shadowstone 1-2 35.0%
Topaz 13.5%
jadeite 13.5%
cyanite 13.5%

iron ore
required skills: 125
number of mineral processing results Probability
iron slag 1 100.0%
Topaz 1-2 30.0%
jadeite 1-2 30.0%
secondary Moonstone 1-2 30.0%
cyanite 1 5.0%
Ruby 1 5.0%

mitag ore
required skills: 175
quantitative probability of mineral processing results
mitag slag 1 100.0%
Turquoise 1-2 30.0%
Ruby 1-2 30.0%
Topaz 1-2 30.0%
giant emerald 13.0%
sapphire 13.0%
big cat's eye 13.0%
Azeroth diamond 13.0%

silver ore
skills required: 250
/>Quantitative probability of mineral processing results
silver slag 1 100.0%
Ruby 1-2 30.0%
giant emerald 1-2 15.0%
sapphire 1-2 15.0%
big cat's eye 1-2 15.0%
Azeroth diamond 1-2 15.0%
gold delanite 12.0%
abyssal olivine Olivine 12.0%
flame clinopyroxene 12.0%
shadow Delaunay 12.0%
Blue Moonstone 12.0%
Blood Garnet 12.0%

Magic iron ore
required skills: 275
quantity probability of mineral processing results
Magic iron slag 1 100.0%
huangjinde Lenite 1-215.0%
abyssal olivine 1-215.0%
flame clinopyroxene 1-215.0%
shadow dryenite 1-215.0%
Blue Moonstone 1-215.0%
Blood Garnet 1-215.0%
limonite 11.0%
nighteye 11.0%
garnet Life Ruby 1 1.0%
Elune star 1 1.0%
rare Topaz 1 1 1.0%
high iron olivine 1 1.0%

hard steel ore
required skills: 325
quantitative probability of mineral processing results
hard steel slag 1 100.0%
gold delanite 1-2 20.0%
abyssal olivine 1-2 20.0%
flame clinopyroxene 1-2 20.0%
shadow draenite 1-2 20.0%
Blue Moonstone 1-2 20.0%
Blood Garnet 1-2 20.0%
limonite 12.5%
nighteye 12.5%
raw Life Ruby 12.5%
Elune star 12.5%
rare Topaz 12.5%
high iron olivine 12.5%

8.

According to reports, in April this year, Hanshan county power supply company found that the line loss of a section of high-voltage line in Lintou town of Hanshan County suddenly increased, nearly 10 times higher than the normal value. After section by section investigation, the line loss finally pointed to an abandoned factory in Lintou town

it is reported that after verification by the electric power department, Ma madly stole nearly 150000 kwh of electricity in more than one month. Ma was detained for theft. The case is under further investigation

9. At present, the Chinese mainland bank of China has banned China's banks and payment systems from developing bitcoin business.
according to the people's Bank of China, bitcoin has no legal status as a currency, but it is still allowed to be traded privately at its own risk. The notice stipulates that financial and Payment institutions are not allowed to carry out bitcoin business, but it does not prohibit private transactions in bitcoin. The notice requires bitcoin website to be managed by real name system, put bitcoin website on record, and bring bitcoin service organization into anti money laundering supervision
however, according to the international market, on November 9, 2016, 1 bitcoin (BTC) = RMB 4774.40.