Bitcoin fraud must be punished, right
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.
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 casesstealing 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 wayfirst 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 futurefinally, 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
bitcoin is a fraud, so we must be cautious in investment and financial management
even if it is called "hard currency", the price of gold will not only rise but not fall. There is no bubble in gold, but the price is too high, there is a bubble, and the bubble will eventually burst, such as virtual currency such as bitcoin. The more general virtual currencies, the closer bitcoin's value is to zero
this kind of currency, which is a purely calculated digital symbol, has no asset support, no financial revenue and expenditure, no cash reserve and no use value. It is only a circulation symbol. Once it loses its credit guarantee, it is a pile of beautiful printed waste paper. Investors should be alert that there is no so-called safe investment in this world, and all investments are risky
the people's Bank of China and other departments issued a document to severely punish the above-mentioned behaviors, making it clear that token trading is not protected by law. With some virtual currency trading platforms turning to overseas, speculative money speculation has also turned to "underground". In the face of continuous renovation, on the basis of continuous strict supervision, government departments should constantly upgrade the means and ability of supervision, and continue to increase publicity and crackdown on popular science, so as to avoid the masses being deceived
extended information:
investing in virtual currency is more of a kind of speculation. Investors should strengthen their risk prevention awareness and identification ability. Without confirming the identity of the other party, they should not be involved in money transactions, trust low-risk and high return investment procts, especially not join the investment and financing group without verification, These are often well-designed traps by telecommunication network fraudsters
it's better to purchase the investment and financial management accompanied by the children, and learn from the official and authoritative channels, and report to the police in time when they are found to be cheated. Properly protect all kinds of account password, identity information, etc., don't tell others easily. Any reference to the need for transfer and remittance should arouse high vigilance and consult with trusted acquaintances
reference source: people's.com - uncover the crazy bitcoin: new Ponzi scheme of 800 yuan each<
People's website - three men set up bitcoin scam and made a profit of more than 150000 yuan and were sentenced
People's website - People's website comments on "analytic blockchain" part 3: how to avoid getting away from the real to the virtual
a new form of rogue software CTB locker uses despicable means to send infected e-mail to the victim. Only when the victim opens it, the ward will invade the victim's personal computer and encrypt the victim's specific files (JPEG image is a popular target). If the victim wants to retrieve the files, he must pay a ransom in bitcoin. A user paid a ransom of three bitcoins in four days, about $700 (market value on Friday)
the email messages they send are usually hot topics, such as: what is bitcoin? Some of the victims were cheated by curiosity. At present, some users have been affected. This is part of the content intercepted on bitcoin home.