The case of virtual currency international moving bricks
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
legal. Virtual currency mining to make money, digital currency hoarding to make money, virtual currency speculation to make money, digital currency move bricks arbitrage to make money, open a digital currency trading platform, charge fees are good ways to make money 1, virtual currency mining to make money : This is the most original way to make money with virtual currency. Through the purchase, rent, or self-assembly of mining machine, installation and operation of specific mining program software, 24 hours a day continuously running mining. The earlier the project, the more opportunities there are for mining, and the greater the harvest. For example, bitcoin, now the cost of mining is higher and higher, but the bitcoin is less and less. Therefore, the best way is to find projects that contribute to the development of world blockchain in advance, and get involved in mining as soon as possible to obtain early dividends. Then hoard the money and wait for the later appreciation before selling it 4, digital currency move brick arbitrage to make money : in the field of digital currency, there is a way to make money without losing money, that is move brick arbitrage. The digital currency transaction led by bitcoin is a pure market behavior, which is not regulated by the financial system of any country or region. The digital asset itself is encrypted, but it is multi-party proof, at the same time, it is completely transparent, and anyone can query it 5, open a digital currency trading platform and charge a handling fee . These are basically the profit models of mainstream digital currencies such as bitcoin, Ruitai coin and Laite coin. Virtual currency investment is risky, and there is no limit on the rise and fall of stocks in virtual currency, so it needs to be cautious to invest in virtual currency. At present, Ruitai coin, Weimeng coin and Ethereum perform well in the market
the standards for filing criminal cases vary from place to place, but they are basically more than 3000 yuan. The amount of $1300 is not enough for criminal cases, so it can only be put on file as an illegal act of public security
the problem is that law and order violations are usually the work of local police stations. In the case of network fraud, local police stations can do nothing but report to the police. It's hard to say what the situation is.
There is a lot of water in it. Be careful if you are cheated, you will lose all your money
as shown in the figure, at present, the prices of mainstream currencies in the major exchanges are not very different, and there is no profit arbitrage for you to move bricks. Moreover, there are also handling charges for moving bricks. Pay attention to whether the same transaction is right!!! In short, it's not cost-effective to move bricks
if it is a non mainstream currency, such as air currency, the price difference between different exchanges may be relatively large, but there are many pitfalls. Some exchanges can not withdraw money, or there are many restrictions, such as locking positions and so on. It's very likely that they will not be able to move bricks and break their own feet. Many small exchanges have this kind of routine, with high price difference to ince you to be cheated, when you charge money to prepare for arbitrage, lock the position first, when you want to unlock, the boss of the exchange runs away with money
if you can make a profit by moving bricks, the employees of the exchange can make a lot of money by themselves. Why cheat you to charge money!!! After all, it's the Internet age. Anyone can get public information, and no one is a fool
“ The biggest case in the coin Circle & quot; The second instance of plustoken case is in Jiangsu & middot; Yancheng sentence. The case involved more than 2 million participants, more than 3000 levels of hierarchical relationship, and the total value of digital currency involved exceeded 40 billion yuan
Yancheng intermediate people's Court of Jiangsu Province issued a criminal ruling of second instance, rejecting the appeal and maintaining the original judgment. According to the judgment of the first instance, 14 defendants, including Chen Bo, Ding zanqing and Peng Yixuan, committed the crime of organizing and leading pyramid selling activities, and Chen Tao, who committed the crime of covering up and concealing the crime, was sentenced to two to eleven years' imprisonment and a fine
At the beginning of the 19th century, Yancheng public security organs received a report that some people used plutoken network platform to commit pyramid selling crimes, and Yancheng public security organs put the suspects on file for investigationunder the coordination of the Ministry of public security, the special case police officers went to Vanuatu, Kampuchea, Vietnam, Malaysia and other countries and regions, and successfully arrested 27 suspect suspects who were hiding abroad. Meanwhile, 1 suspect suspects were arrested in the territory. p>
in the past 20 years, the Ministry of public security deployed the national public security organs to arrest all 82 key members suspected of pyramid selling