Digital currency theft in Beijing Haidian court

1. A number of victims of virtual currency fraud cases distributed all over the country said that they were refused to file a case when reporting to the local police because virtual currency could not be valued and could not reach the starting loss amount of theft or fraud. This situation may be affected by the announcement on preventing the financing risk of token issuance issued by seven ministries and commissions on September 4, 2017 (hereinafter referred to as the announcement). Generally speaking, fraud and other crimes of infringing property rights have the starting point of "large amount" According to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases, indivials who defraud public or private property of more than 2000 yuan belong to "large amount". However, the announcement clearly pointed out that "any so-called token financing trading platform shall not provide pricing, information intermediary and other services for token or virtual currency." Therefore, it is difficult for the public security organs to recognize the price of virtual currency displayed on the trading platform, and to estimate the value of virtual currency when the victims encounter virtual currency fraud, so as to determine whether the case meets the filing standard.

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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. If you know that the money is stolen before your friend pays it back, it will be returned naturally.

4. Criminal law, criminal procere law.

5. 14 and a half years in Hefei

6. Material determines consciousness, which requires us to proceed from reality and seek truth from facts. In view of the worrying phenomenon in China's network media, the national "anti pornography and anti illegal" office issued the "implementation plan" to promote the healthy development of the Internet 4 points) < br > ② correct consciousness promotes the development of objective things and requires us to consciously establish correct consciousness. The special action of relevant national departments to crack down on bad information is concive to building a green, healthy and harmonious network environment, promoting the development of social economy, the improvement of citizens' political quality and the harmonious progress of society (4 points)

7. After filing a case, the court should divide the case according to the facts of the case. After dividing the case, the defendant has to be given time to reply. There are also various service times in the middle. More than one month is not long, so it is necessary to afford to fight a lawsuit. For reference

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9.

Q: Hello, lawyer. A man in our village just went into the house and stole a bag of white flour. It's not very expensive. Why is it still theft. Now I'm in Beijing Haidian District detention center. Isn't burglary also a crime of theft? What's the difference between it and ordinary theft

answer: Jun Tong Law online consultation for you

suspected of theft, belongs to the situation of huge amount, sentenced to more than 10 years' imprisonment or life imprisonment, and fined or confiscated property. Active refund, with the victim's understanding, can be a lighter punishment Article 264 of the criminal law: "Whoever steals a relatively large amount of public or private property, or steals repeatedly, 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 "The amount is particularly huge.". 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 economic development situation of their respective regions 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. If it is impossible to verify the location of theft on the trans regional public transport, whether the amount of theft reaches "large amount", "huge amount" and "especially huge amount" shall be determined according to the relevant amount standard determined by the higher people's court and people's Procuratorate of the province, autonomous region or municipality directly under the central government where the case is accepted

10. No, only Haidian District People's court. The first intermediate people's court and the second intermediate people's Court of Beijing are higher than district and county courts.