How long will virtual currency be sentenced to illegal fund rais

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

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

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

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

Cheng tycoons use virtual currency to launder money, which is illegal fund-raising. Let's first understand the definition of illegal fund-raising on the Internet. Illegal fund-raising is a kind of criminal activity. It means that an entity or indivial raises funds from the public by issuing stocks, bonds, lottery tickets, investment funds, securities or other debt certificates without the approval of relevant departments in accordance with legal proceres, And promise to repay the principal and interest or give return to the investor in money and other ways within a certain period of time. And in China, it is clearly stipulated that investment in virtual currency is illegal, and the circulation and transaction of virtual currency is explicitly prohibited{ RRRRR}

In criminal cases, only the investigation period is not clearly defined, but the period of investigation custody is clearly defined The Criminal Procere Law shall not exceed two months for the custody of a criminal suspect after being arrested. p> (1) major and complex cases in remote areas where transportation is very inconvenient

the sentence that may be sentenced to ten years' imprisonment for a criminal suspect may not be concluded after the expiration of the extension of the 158th provision of this Law shall be extended for another two months after approval or decision by the people's Procuratorate of the province, autonomous region or municipality directly under the central government. p> For special reasons, the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval to postpone the trial of a particularly serious and complex case which is not suitable for transfer for trial within a long period of time

legal basis: the 156th phase of the Criminal Procere Law shall not exceed two months for the custody of suspect after arrest. If the case is complicated and cannot be concluded at the expiration of the time limit, it may be extended for one month with the approval of the people's Procuratorate at the next higher level

Article 157 of the criminal procere law of the people's Republic of China requires the Supreme People's Procuratorate to report to the Standing Committee of the National People's Congress for approval the postponement of the trial of a particularly serious and complex case that is not suitable for trial for a long time e to special reasons

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extended information:

specific means of illegal fund-raising

the fields of illegal fund-raising are increasingly widespread. Traditional fields such as commodity marketing, resource development, cultivation and breeding, investment guarantee and so on occur frequently. Emerging fields such as loan financing, private equity, fictitious currency, consumption rebate and so on have graally become the hardest hit areas of illegal fund-raising crimes. In particular, the crime of illegal fund-raising on the Internet has become a common pattern, with more prominent cross-border characteristics and faster accumulation of infection

it is worth noting that many low-income groups, farmers and retirees participate in this process. In some cases, more than half of the participants are elderly people, and many people put "pension money" and "life-saving money" into fund-raising, almost without return

promise high returns and make up the myth of "pie falls from the sky" and "become rich overnight". Luring by profiteering is the only way for all fraud criminals to deceive the masses. In order to attract more people, lawbreakers often promise investors high returns in the form of rewards and points rebate

in order to defraud more people to participate in fund-raising, illegal fund raisers first cash in the principal and interest of the early investors on time and in full, and then use the money of the later fund raisers to cash in the previous principal and interest. When the scale reaches a certain level, illegal fund raisers secretly transfer funds and abscond with the money