Do you want to catch the police for virtual currency

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 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 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) 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(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn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 responsibility

2.

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. 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.

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.

5. Yes, this kind of virtual currency is not recognized in China. Even bitcoin is not recognized. If there is a so-called studio, even making bitcoin may involve illegal activities. If it does not belong to bitcoin, it may involve fraud or other activities. I suggest you go to your friend's local police station

6. Buying and selling virtual currency is not protected by law, but some pyramid schemes use virtual currency. Many cheaters have been arrested.

7. As long as you work hard to make money, it will come true one day

8. The virtual currency in the game is also a personal asset. It should be protected by law, but if the amount of money cheated is small, the police will not file a case even if they go to the police. There are two main reasons: first, the amount of money involved is too small to reach the standard of filing; But it is difficult to detect and waste manpower and material resources
not only the virtual currency in the game should be protected, but also bitcoin, Ruitai coin, Qianjin card and other digital cryptocurrencies should be protected by law. Zhou Xiaochuan, governor of the central bank, compares bitcoin to a tradable asset like a stamp. The central bank and other five ministries and commissions define bitcoin as a special Internet commodity.

9. If it's a legal purchase of bitcoin, of course, it's OK. If it's an illegal transaction, it's hard to say

10.

Push money machine, is a kind of gambling machine, is strictly prohibited by law

if the money pusher is in violation of the provisions of Article 70 of the law of the people's Republic of China on penalties for public security administration, and is suspected of providing conditions for gambling or gambling, the public security organ can investigate and punish the perpetrator according to law. For the placement of the push machine, according to the law to give the seizure

attachment: Article 70 of the law on punishment of public security administration provides conditions for gambling for the purpose of making profits, or those who participate in gambling with large gambling capital shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 3000 yuan

Article 303 of the criminal law of the people's Republic of China on the crime of gambling. Those who open casinos shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also 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 10 years and shall also be fined

extended materials

new judicial interpretation

on May 12, 2005, the Supreme People's court and the Supreme People's Procuratorate issued the interpretation on Several Issues concerning the specific application of law in handling Gambling Criminal Cases (hereinafter referred to as "interpretation"). To accurately understand and apply the interpretation, we should grasp the following aspects:

whether "for profit" is the key to distinguish gambling crime from non crime.

according to Article 303 of the criminal law, the premise of constituting gambling crime must not only have the general subjective elements of direct intention, but also have the special subjective elements of "for profit". Here "for profit" refers to the behavior of gathering people to gamble, opening casinos and taking gambling as a business, in order to obtain a large amount of money or other property

the ways for the actor to obtain property mainly include the following situations: first, taking profits; second, opening casinos to obtain illegal profits; third, directly participating in gambling to gain profits; fourth, organizing Chinese citizens to gamble abroad to obtain kickbacks, introction fees and other expenses

in judicial practice, whether the actor has "profit-making purpose" or not is mainly judged according to the way of gambling and the above profit-making way“ The existence of "for profit" determines whether the actor constitutes a gambling crime, and it is also the key to distinguish between gambling crime and non crime. Although the actor carries out entertainment activities with a small amount of property to win or lose, subjectively, there is also a profit component in order to win a small amount of property, but winning or losing does not matter to him, or it has little significance. His main purpose is for recreation and entertainment, so it does not belong to "for-profit"

In judicial practice, as long as it is found out that the perpetrator has established a gambling website, or acts as an agent for the gambling website, and accepts gamblers' bets, it can be identified as a casino, regardless of the number of gamblers, the number of gamblers' bets, and the amount of money

in practice, there is also such a situation, that is, the actor only uses the account and password of the gambling website obtained by him to organize and attract others to bet in the account. In this regard, if the perpetrator has neither set up a gambling website nor acted as an agent for the gambling website, then it can not be considered that the perpetrator has opened a casino; If the perpetrator meets one of the first three standards in Article 1 of the interpretation, it should be regarded as gathering people to gamble, otherwise it will not constitute a gambling crime

The accomplice of

gambling crime is one-sided accomplice, which is defined in Article 4 of

interpretation, and is called one-sided accomplice in criminal law theory. There are two points to pay attention to when identifying the accomplice of gambling crime:

first, there must be evidence to prove that the perpetrator knows that others are committing gambling crime, which is the premise of the perpetrator's subjective communication intention. The cognitive state of the actor is knowing, and the cognitive content is that others are committing gambling crimes

Second, the actor must provide direct help such as capital, computer network, communication and expense settlement. Among them, computer network help mainly refers to Internet access, server hosting, network storage space and other conditions and services. Among them, direct help means that for the occurrence and development of gambling crime, this kind of help has a direct role in promoting, not dispensable

heavier punishment for gambling of state functionaries

Article 5 of the interpretation stipulates several situations of heavier punishment: State functionaries, including state functionaries, mainly party and government officials, state-owned companies, enterprises, institutions and people's organizations engaged in public affairs, etc. One of the key points of this special action is to crack down on gambling by state functionaries. In the application of this article, we should pay attention to three points:

first, according to the provisions of the criminal law, no matter any citizen, except those who are engaged in gambling, their gambling behavior generally does not constitute the crime of gambling. The gambling behavior of state functionaries is no exception

Second, from the perspective of behavioral characteristics, it is difficult for state functionaries to identify gambling as a business because of their legitimate occupation, but they can be identified as gathering people to gamble or setting up casinos when they meet the standards specified in Article 1, which constitutes a gambling crime

Thirdly, from the perspective of investigating criminal responsibility, state functionaries who commit gambling crime are more harmful to society and should be given heavier punishment

There are two points to be noted in Article 7 of the interpretation: first, in "bribery through gambling", both the briber and the briber directly participate in formal gambling: "bribery through providing funds for gambling of state staff", Bribers do not directly participate in gambling, but only provide funds for bribers to gamble. No matter which form, the bribe takers directly participate in formal gambling

The second is that the determination of gambling bribery must comply with the specific elements of bribery and bribery stipulated in the criminal law, such as the briber's taking advantage of his position to ask for the briber's gambling money, or illegally accepting the briber's gambling money to seek the briber's interests, and the briber's offering gambling money to seek illegal interests, etc

According to Article 8 of the interpretation, gambling capital includes three forms of money and goods, namely, money and goods used for gambling, money and goods exchanged for chips and money and goods won through gambling. In addition, money and goods, such as cash, property and other funds in the credit card carried by the perpetrator that have not been used for gambling or chips, can not be regarded as gambling capital

in online gambling, "points" is equivalent to chips in real gambling. This calculation method is only applicable to the calculation of the amount of money and goods used as bets and the amount of money and goods won in computer network gambling, and can reflect the real amount of bets and wins in computer network gambling

All funds, means of transportation and means of communication specially used for gambling by gambling criminals should be confiscated. It is not appropriate to confiscate the cars, boats and mobile phones used by the participants for temporary contact