Sentencing cases of trading virtual currency

1. As of March 9, 2018, virtual currency transactions are not protected by law.

2. 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.

3.

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

4. 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

5. Article 312 of the criminal law [crime of concealing or concealing criminal gains or proceeds of criminal gains] Whoever knowingly conceals, transfers, purchases, sells for others or conceals or conceals by other means the criminal gains or proceeds thereof 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 circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined< If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the person in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph< (2017) guiding opinions of the Supreme People's Court on sentencing of common crimes
(XIV) crime of covering up or concealing the proceeds of crime or the proceeds of crime
1. If the crime constitutes a crime of covering up or concealing the proceeds of crime or the proceeds of crime, the starting point of sentencing can be determined within the corresponding range according to the following different circumstances:
(1) if the circumstances of the crime are general, The starting point of sentencing may be determined within the range of fixed-term imprisonment or criminal detention of less than one year< (2) if the circumstances are serious, the starting point of sentencing can be determined within the range of three to four years of fixed-term imprisonment
2. On the basis of the starting point of sentencing, we can increase the amount of penalty according to the amount of crime and other criminal facts that affect the composition of the crime, and determine the benchmark penalty.

6. It should

7. The Guangzhou Municipal People's Procuratorate charged that on May 4, 2002, the defendant Xia Xia and Wu Qingru (sentenced) used Xia Xia Kai's and Lin Fengmei's ID cards to register and rent Room 203, building e, building 3, No. 9, meiyuan street, Meiyuan community, Jingxi street, Baiyun District, Guangzhou City as a nest for counterfeiting currency, and employed Wu qingjuan, Wu Jinbiao, Lin Fengmei, Lin Yuxia, Wu Chujun Wu Hanrong (both sentenced) and others forged currency in the above-mentioned places. On June 25, 2002, public security officers arrested Wu Qingru, Wu Mingkun, Wu qingjuan, Wu Jinbiao, Lin Fengmei, Lin Yuxia, Wu Chujun and Wu Hanrong at the above-mentioned places on the spot, and seized 60970 pieces of counterfeit RMB with a total face value of 3094150 yuan. On January 13, 2005, the defendant Xia Xia Kai was arrested by Baiyun District branch of Guangzhou Public Security Bureau. Based on the documentary evidence, expert conclusion, witness testimony and the confession of the accomplice presented in court, the court accused the defendant of forging currency in summer, which was huge in amount and constituted the crime of forging currency.

8. If the online virtual game currency swindles 4000 yuan, it is suspected of fraud and shall be sentenced to fixed-term imprisonment of not more than three years< According to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud, which came into effect on April 8, 2011, those who defraud public or private property with a value of 3000 yuan to 10000 yuan or more, 30000 yuan to 100000 yuan or more, and 500000 yuan or more will be punished, It should be respectively identified as "large amount" and "huge amount" and "especially huge amount" stipulated in Article 266 of the criminal law< Article 266 of the criminal law stipulates that whoever swindles public or private property, if the amount is relatively large, 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. Where there are other provisions in this law, such provisions shall prevail.

9. It depends on the national laws and regulations, involving the amount of money. If it's more than one million, it's estimated that the sentence will be a lot. You can consult the online lawyer for details.

10. It is necessary to distinguish the role of different persons involved in the case. If they are ringleaders, they may be sentenced to death, because different criminal acts are dealt with differently in China's criminal law.