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Is counterfeiting virtual currency a crime of counterfeiting mon

Publish: 2021-04-29 04:52:36
1. The crime of counterfeiting currency refers to the behavior that the person without the right to make and issue currency, according to the external shape characteristics of the real currency, makes the fake currency with appearance enough to make ordinary people mistake it for the real currency, and intends to use it for exercise or make it into circulation. The crime involved in this case belongs to the crime of altering currency. The so-called crime of altering currency refers to the act of intending to circulate, processing and transforming the real currency with compulsory universal power, so as to change it into a larger denomination, or increasing the amount of money. The constitution of this crime has the following elements: (1) the act of altering currency is aimed at the real currency with compulsory universal power, and it is the act of processing and reforming the real currency with compulsory universal power by various methods; (2) to change money is not to change the original form of real money, but to process a part of real money to increase the denomination or quantity of real money; (3) the altered money must be "real money" with the nature of pseudo money, that is, the degree that the appearance is enough to make it difficult for ordinary people to find the altered counterfeit money under the habit of accepting money; (4) the amount of altered currency must be large. According to Article 6 of the Supreme People's court's interpretation on Several Issues concerning the specific application of law in the trial of counterfeit currency and other cases, a large amount of altered currency means that the total denomination of the altered currency is more than 2000 yuan but less than 30000 yuan. If the amount of money is not large, it does not constitute this crime. View & gt& gt;

trouble,!
2. According to the provisions of Article 170 of the criminal law of the people's Republic of China, the crime of counterfeiting money refers to the act of illegally manufacturing fake money with appearance enough to be genuine, damaging the public credit of money and destroying the order of financial management by imitating the shape, color, pattern and other characteristics of money in violation of the national monetary management regulations.
3. Case: does Li's act of counterfeiting foreign currency constitute the crime of counterfeiting currency in Article 170 of the criminal law? Different opinions: there are two different opinions on Li's behavior< The first opinion is that Li's behavior does not constitute the crime of counterfeiting currency. The reason is that the object protected by the crime of counterfeiting currency is the right to issue currency. China has no right to issue foreign currency, so Li's act of counterfeiting foreign currency does not infringe on the right to issue Chinese currency, let alone constitute the crime of counterfeiting currency< The second opinion is that Li's behavior constitutes the crime of counterfeiting currency. The reason is that our country's protection of currency not only protects the right to issue currency, but also protects the currency's public credit
analysis: the author agrees with the second opinion that Li's act of counterfeiting foreign currency constitutes the crime of counterfeiting currency in Article 170 of the criminal law. The reasons are as follows:
first, the so-called crime of counterfeiting currency refers to the act that the perpetrator does not have the right to make money, nor does he use the right to issue money, but to make such a thing that ordinary people mistakenly think is real money. The object of the crime of counterfeiting currency has changed in history. The legal interest of the crime of counterfeiting currency is considered to be the right to issue currency in the early stage, the public credit of currency in the middle stage, the right to issue currency or public credit in the late stage, and the public credit of currency in the late stage. Of course, the criminal law of our country attacks the behavior of counterfeiting RMB, because counterfeiting RMB infringes the exclusive right to issue RMB
Second, our country certainly does not have the right to issue foreign currency. If the perpetrator forges foreign currency, what our criminal law protects is not our country's right to issue currency, but the public credit of currency. Although the object of Li's infringement is the right of foreign countries to issue their currency, if the foreign currency can be circulated or exchanged in their own countries, then Li's counterfeiting of the currency will directly or indirectly infringe on the interests of our citizens' property. Li's counterfeiting of foreign currency still has the nature of currency's public credit< To sum up, our country's protection of currency not only protects the issuing right of currency, but also protects the public credit of currency. As long as one of them is violated, it will constitute the crime of counterfeiting currency. Therefore, Li's act of counterfeiting foreign currency constitutes the crime of counterfeiting currency in Article 170 of the criminal law.
4. Whoever forges currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Under any of the following 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 ringleader of a counterfeit currency group< (2) the amount of forged currency is especially huge< (3) there are other especially serious circumstances< According to the provisions of this article, the so-called extremely serious circumstances refer to one of the following circumstances:
1. The ringleader of a counterfeit currency group. It is worth noting that the application of this article should be "in strict accordance with the conditions for the identification of criminal groups to see whether they can constitute a criminal group that forges money. Only when they constitute a criminal group, their ringleaders can be sentenced according to this range. If it can not constitute a group crime, it is only a general joint crime of combining and gathering several persons. The criminals who play the role of command and organization can only be dealt with according to the principle of punishment for the principal offender of the general joint crime. If the circumstances are particularly serious, this item can not be directly applied, but should be severely punished according to other items
2. The amount of counterfeit currency is especially huge. Referring to the provisions of paragraph 4 of Article 4 of the interpretation, if the total face value of RMB is more than 15000 yuan or the amount of RMB is more than 1500 pieces, it can be considered as a huge amount
3. With other especially serious circumstances. The other especially serious circumstances here refer to all the circumstances that are especially serious except the ringleaders of the counterfeit currency group and the extremely large amount of counterfeit currency. Referring to the interpretation, it mainly refers to: first, forging currency by mechanical printing; Second, personnel engaged in finance, accounting and other work take advantage of their work to forge RMB with a total face value of more than 1000 yuan or more than 100 pieces of currency; Third, counterfeit RMB and put it into the market for circulation, with a total face value of more than 100 yuan or more than 100 pieces of RMB; Fourth, resisting inspection, detention or arrest with violence, if the circumstances are serious; Fifthly, after receiving criminal punishment for counterfeiting currency, they commit the act of counterfeiting currency, and the total face value of the counterfeited RMB is more than 500 yuan or the amount of RMB is more than 50 pieces; wait.
5. According to the provisions of Article 170 of the criminal law of the people's Republic of China, the crime of counterfeiting money refers to the act of illegally manufacturing fake money with appearance enough to be genuine, damaging the public credit of money and destroying the order of financial management by imitating the shape, color, pattern and other characteristics of money in violation of the national monetary management regulations. The information you provide is limited. You can refer to the concept of the crime of counterfeiting currency.
6. Whoever forges money according to Article 170 of the criminal law shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty, and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:
(1) the ringleader of a counterfeit currency group< (2) the amount of forged currency is especially huge< (3) there are other especially serious circumstances< "Interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of counterfeit currency and other cases" September 8, 2000
Article 1 if the total denomination of counterfeit currency is more than 2000 yuan but less than 30000 yuan, or the amount of counterfeit currency is more than 200 pieces but less than 3000 pieces, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years in accordance with the provisions of Article 170 of the criminal law, He shall also be fined not less than 50000 yuan but not more than 500000 yuan
if the total denomination of counterfeit currency is more than 30000 yuan, it belongs to "the amount of counterfeit currency is particularly huge"
if the perpetrator makes currency samples or conspires with others to forge currency samples for others, he shall be convicted and punished in accordance with Article 170 of the criminal law
Article 7 "currency" in this interpretation refers to RMB and foreign currency that can be circulated or exchanged in the domestic market
according to the provisions of Article 7 above, counterfeiting the currency that is not in circulation (non circulation means that it cannot be used, such as 30 yuan) does not constitute the crime of counterfeiting currency! What is the relationship between the crime of fraud and this?? Constitute a crime of fraud must have fraud? Unless he swindles with 30 yuan! It does not constitute a crime to simply forge currency that cannot be circulated!
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