The case of virtual currency in Huicheng District of Huizhou Cit
report to the police with evidence in case of fraud
fraud is a criminal case
the police will investigate and screen
in case of fraud, the police will actively solve the case
if the case is solved, the victim's loss will be recovered.
It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational
extended information:
after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases
According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:1
The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filedunder any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted
(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime (2) the time limit for prosecution has expired (3) exemption from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibilityVirtual currency fraud calls 110 directly
many departments, such as the China Banking and Insurance Regulatory Commission, the central office of information technology, the Ministry of public security and so on, issued risk tips, saying that some criminals, under the banner of "financial innovation" and "blockchain", absorbed funds by issuing the so-called "virtual currency", "virtual assets" and "digital assets", thus infringing the legitimate rights and interests of the public
this kind of activity is not really based on blockchain technology, but on the hype of blockchain concept, illegal fund-raising, pyramid selling and fraud. In essence, it is a Ponzi scheme of "repaying the old by borrowing the new", which is difficult to maintain the long-term operation of funds
the public should treat the blockchain rationally, not blindly believe the promises, establish a correct monetary concept and investment concept, and effectively improve the risk awareness. Report to the public security organ in time after being cheated
extended data:
the first is the obvious networking and cross-border of virtual currency. Relying on the Internet and chat tools for transactions, and using online payment tools to balance funds, the risks spread widely and spread quickly. Some lawless elements set up websites by renting overseas servers to carry out activities for domestic residents and control illegal activities remotely
some indivials claim that they have obtained the investment quota of overseas high-quality blockchain projects in the chat tool group and can invest on their behalf, which is most likely fraud. Most of these illegal funds flow overseas, which makes it very difficult to supervise and trace
followed by deception, temptation and concealment. They use hot concepts to hype, fabricate various "tall and tall" theories, and some also use celebrity "big V" platforms to publicize. They use airdrop "candy" as temptation to claim that "currency value only rises but not falls", "investment cycle is short, income is high, and risk is low", which has strong bewitching
in practice, criminals illegally make huge profits by manipulating the price trend of the so-called virtual currency, setting profit and withdrawal threshold. In addition, some criminals also issue tokens under the guise of ICO, IFO, IEO, etc., or hype virtual currency in the way of IMO under the banner of sharing economy, which has strong concealment and confusion
finally, there are many kinds of illegal risks in this kind of behavior. Through public publicity, the illegal elements attract the public to invest funds, lure investors and development personnel to join, and constantly expand the fund pool with the t of currency appreciation and development offline profits, which has the characteristics of illegal fund-raising, pyramid selling, fraud and other illegal acts
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
it's better to stay away from this kind of digital currency. Bitcoin, Leyte coin, doggy coin are normal digital currencies, and these digital currencies also have risks. The digital currency on coin Ying China platform is a kind of asset certificate, which will have fixed dividend income.
everyone can issue tokens, but consider whether you have a team to operate. Some businesses accept your coins, and some user groups are convinced of your coins. Without these, let alone some bitcoins, hundreds of thousands of bitcoins are useless
and $100.50.10 is not very practical. When a coin is first issued, it's a few cents, a few cents, a few better RMB, but it's not a dollar. When you issue a coin, it's $100, and other people exchange so much money for you. More impractical
Mr. Yuan Wang specializes in the development of blockchain related systems, and welcome the development of online search & quot; Mr. Yuan Wang & quot; Detailed communication, according to your current situation, whether the currency is appropriate, or other modes are appropriate.
3. The latest opening price of PI currency: 165; 0.026078
4. PI currency market value evaluation:
24h, the highest: &; 026981
24h amount: 2.438 million
24h minimum: 165; 025931
24h: 165; 62902.59
7d was the highest: 165; 026659
the highest in history: 165; 1672
7d was the lowest: 165; 023335
the lowest in history: 165; 0.012983
crowdfunding price: $0.053300
return on Investment: - 93.01%
warm tips:
① the above explanation is for reference only, without any suggestions. The relevant procts are issued and managed by the corresponding platform or company, and our bank does not undertake the responsibilities of investment, cashing and risk management of the procts
② there are risks in entering the market, so investment should be cautious. Before making any investment, you should make sure that you fully understand the nature of the investment and the risks involved in the proct. After a detailed understanding and careful evaluation of the proct, you can judge whether to participate in the transaction
response time: July 14, 2020. Please refer to the official website of Ping An Bank for the latest business changes
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yuan Yongchao) recently, the Public Security Department of Guangdong Province announced to the public the top ten economic crimes in 2015. In 2015, Guangdong provincial public security economic investigation department closely focused on the provincial Party committee's goal of "three positioning, two taking the lead", and in accordance with the working idea of "three building" (building promising economic investigation, building information economic investigation, and building legal economic investigation), insisted on the simultaneous development of attack and prevention, and deeply promoted the "four construction", We must severely crack down on all kinds of economic crimes that seriously endanger national economic security and the vital interests of the people. There are more than 2.4 cases of economic crimes, more than 9700 cases were cracked, more than 18 thousand suspect were arrested, and 2 billion 400 million yuan was saved for economic losses. The province has "fox hunting 2015", attacking illegal fund-raising, underground banks, counterfeiting and selling. The comprehensive evaluation of special work such as bank card crime is in the forefront of the country< In September 2015, under the organization and command of the Economic Investigation Bureau of the provincial public security department, the public security organs of Huizhou, Shanwei, Shenzhen and Guangzhou jointly carried out the network collection operation, Destroy 2 large forged monetary mechanism dens in factories near Jin Luo Road near Huicheng Town, Huizhou Town, Zhongkai District, Huizhou City, and capture fifth sets of fake yuan semi manufactured procts in 2005, which are about 210 million yuan, four sets of monochrome printing presses 4, 29 suspect suspects, 1 counterfeit coins, and printing machines, paper cutter, ink, etc. There are a large number of printing materials such as paper, and none of the counterfeit money printed in this case has entered the society
2. Guangzhou Haiyan 4, a suspect in the sale of bank card crime
2015 May to July, the Provincial Public Security Bureau of Economic Investigation Bureau organized 16 public security organs such as Guangzhou, Shenzhen, Shantou and Foshan to carry out two operations of "Haiyan 4" to crack down on the sale and purchase of bank cards. 70 suspects were arrested, 4000 bank cards were seized, and U shield, bank card information, etc. A large number of telephone cards, ID cards, etc; At the same time, we launched a nationwide cluster campaign and achieved remarkable results in the joint strike of multiple provinces< In August 2015, under the guidance of the Economic Investigation Bureau of the Ministry of public security and the provincial public security department, the Shenzhen Municipal Public Security Bureau organized a number of police services and sub Bureau forces to carry out the "3.30" case solving and network collection operation. The destruction of underground banks is illegal. 6 suspect computer detained suspects, 8 yuan, 5 yuan, HK $10, US $1, US $1, and a large number of financial accounts, computers and other crime tools. Br />
4. Shenzhen "wave 1" false Invoicing VAT invoice
6 17 days, the Provincial Public Security Bureau organized the Shenzhen public security organ to the Ministry of public security and the State Administration of taxation as a joint supervision case "wave 1" false value-added tax special invoice project launched a unified network operation, the total number of 3 criminal gangs, 31 suspect arrested. We destroyed 15 criminal dens that falsely issued special VAT invoices, seized more than 300000 yuan in cash, more than 100 u-shields of online banking, and a large number of crime tools such as invoice tax control machine, blank special VAT invoices and financial account books, involving more than 10 billion yuan in tax
5. Guangzhou, Jiangmen, "sword 1" Mammon Inc illegal fund raising case
2015 April, the Provincial Public Security Bureau of Economic Investigation Bureau organized Guangzhou, Jiangmen and other 7 cities public security organs, public security organs, joint investigation and operation of the network, successfully detected the illegal Mammon Inc fund-raising case, destroyed 10 dens, arrested 91 people involved, the main suspect arrived, involving more than 800 million yuan. The victims involved more than 7000 people in 10 provinces
6. Shenzhen, Zhaoqing, "sword 5" network virtual currency illegal fund-raising case
2015 November, the Provincial Public Security Bureau of Economic Investigation Bureau organized Shenzhen, Zhaoqing and other public security organs of the economic investigation department to carry out actions, successfully detect "love coins", "K coins" and other series of network virtual currency illegal fund-raising case, the scene captured 98 people, the main suspect to the case. Two criminal gangs involved in illegal fund-raising were smashed, involving more than 1 billion yuan. The victims involved more than 5000 people in 28 provinces
7. Zhuhai Boyuan illegal investment disclosure, not disclose important information case
2015 August, the provincial Economic Investigation Bureau organized Zhuhai Municipal Bureau of economic investigation department to file a case to investigate Zhuhai City Boyuan Cci Capital Ltd suspect of illegal disclosure, no disclosure of important information and forged financial card cases, and arrested 6 suspects. According to the investigation, Yu and his wife, the controlling shareholder of Boyuan investment, in order to pay 526 million yuan of performance commitment of stock reform that the original controlling shareholder failed to fulfill on schele, made a false impression that the company had received 384 million yuan of performance commitment by false means, and made a false public announcement on the performance of performance commitment of stock reform, which seriously damaged the rights and interests of investors. At present, the case has been transferred to the procuratorial organ for prosecution< From October 28 to December 18, the Economic Investigation Bureau of Jieyang Public Security Bureau organized and coordinated the public security organs of Jieyang, Shenzhen, Chaozhou and other places to take Jieyang as the main battlefield and cooperate with the public security organs of Lanzhou, Shenyang, Yongzhou, Cheng and other places in Gansu Province to launch wave actions to collect the fake invoices, We cracked down on the whole chain of procing, illegally printing and selling false invoices. We destroyed 8 dens, arrested 23 people involved in the case, seized 37 sets of counterfeit machines, more than 1900 offset plates for ordinary invoices and special VAT invoices, 765 PS plates, and 1052 false seals, and seized those involving Guangdong, Gansu, Zhejiang, Liaoning and other provinces There are about 1.2 million fake invoices in more than 10 provinces and cities including Inner Mongolia
9. In July 2015, the Economic Investigation Detachment of Guangzhou Public Security Bureau arrested Mr. and Mrs. Zhuang and successfully detected a contract fraud involving 144 million yuan. According to the investigation, the suspect has borrowed 110 million yuan from the eleven people such as Chuang and so on in the name of land purchase and so on, paying interest of 3% to 4.5% interest per month, and swindled another person to pay 28 million yuan for the shop. Most of the money was used for gambling "lottery" and personal consumption, and fled to Myanmar with a fake ID card when the loan was e. In the strong pursuit of "fox hunting 2015", the Economic Investigation Detachment of Guangzhou Public Security Bureau tracked him for thousands of miles. Under the coordination of the Ministry of public security and the provincial public security department, he was arrested by Myanmar police in July 2015. At present, the case has been transferred to the procuratorial organ for prosecution
10. From July to September 2015, the Economic Investigation Detachment of Guangzhou Public Security Bureau organized the Economic Investigation Brigade of Baiyun, Panyu and Zengcheng sub bureaus to fight in more than 10 provinces and cities, including Xinjiang, Beijing, Shanghai, Liaoning, Shandong and Zhejiang, successfully netted three major cluster battles of fake and shoddy lubricants, and completely destroyed underground proction and sales workshops, Through Internet, the large criminal groups of counterfeit Mobil, Shell and Castrol brands were sold to more than 10 provinces and cities nationwide, 10 suspect gangs were destroyed and 22 suspects were arrested. 16 of them were smashed including proction, processing, storage, and sale of fake and shoddy lubricants, and more than 20 thousand bottles of counterfeit procts of various brands were seized. More than 15000 bottles of semi-finished procts, 2000 lubricating oil filters, trademark identification, packing box, sealing machine, filling machine and other crime tools, involving more than 58 million yuan.