Criminal detention for trading virtual currency
Publish: 2021-05-06 02:01:48
1. 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 and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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
2. The fact of the crime should be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed
under 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
it is difficult for the public security organs to collect and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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
2. The fact of the crime should be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed
under 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
2. There are two reasons for the prohibition of virtual currency trading by the state:
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond the control of all people. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code<
2. Avoiding supervision and becoming the "accomplice" of criminal activities
virtual currency transaction is not protected by law:
virtual currency transaction is not illegal, and it is not illegal to invest in virtual currency. But how to get involved in virtual currency transactions is illegal and illegal. It may be suspected of illegal fund-raising.
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond the control of all people. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code<
2. Avoiding supervision and becoming the "accomplice" of criminal activities
virtual currency transaction is not protected by law:
virtual currency transaction is not illegal, and it is not illegal to invest in virtual currency. But how to get involved in virtual currency transactions is illegal and illegal. It may be suspected of illegal fund-raising.
3. Virtual currency, represented by bitcoin, is legal in China. It is defined as a special Internet commodity. People can buy and sell it freely at their own risk. But it is illegal to carry out pyramid schemes under the guise of bitcoin. Now to create a virtual currency trading platform, we must record the website and implement real name authentication for users. Bitcoin is legal in most countries around the world, except that some small countries explicitly ban it
since 203, the more popular virtual currencies are bitcoin, Wright coin, Fuyuan coin, doggy coin, dark coin, reborn coin and so on.
since 203, the more popular virtual currencies are bitcoin, Wright coin, Fuyuan coin, doggy coin, dark coin, reborn coin and so on.
4. 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.
(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.
5. Buying and selling virtual currency is not protected by law, but some pyramid schemes use virtual currency. Many cheaters have been arrested.
6. As long as you work hard to make money, it will come true one day
7. Bitcoin is not legal in China, but how to sentence it has not been quantified so far.
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