Virtual currency trial
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from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibility2, if the public security organs suspect the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.
I wanted to buy money to make a profit, but I didn't want the issuing party to become a pyramid selling organization, suspected of breaking the law and committing crimes; All participating funds will be collected. At this time, whether the money can be recovered has become the most concerned problem of the buyer. The crime of organizing and leading pyramid selling activities is established, and the relationship of accomplice is usually established between the upper and lower levels of pyramid selling activities; All the money raised is usually regarded as illegal income. After being cheated into joining, they recommend others to join and get tokens and cash back, and the profits will usually be recovered as illegal income. So if you are cheated into joining an organization, can you recover the "entry fee" you paid
First, recovery does not necessarily mean confiscation, but restitution Second, the scope of recovery: illegal income within the scope of crime Third, the calculation of "illegal income"
who returns the money: Calculation of "illegal income"
according to Article 64 of the criminal law, only "illegal income" should be recovered and refunded. Illegal income, literally, refers to the property obtained through illegal activities (including but not limited to crimes). The second provision of the Supreme People's Procuratorate "the regulations on the management of property in criminal cases involving the people's Procuratorate" stipulates that the property involved includes the illegal gains and the fruits of the suspect, the property used for the crime, the prohibited goods illegally held and other property and fruits related to the case. p> According to the above provisions, the crime of illegal income is divided into two categories according to the basis of illegal income:
(1) the illegal income in the crime of obtaining interests; Such as theft, corruption, bribery of stolen goods, property, etc
(2) the crime of operating interest, such as the crime of usuryit can be seen that illegal income not only includes the property obtained through illegal and criminal activities (i.e., original illegal income, profit type), but also includes the possible natural and legal fruits of these properties and the property interests (i.e., derived illegal income, profit type) obtained from the operation of the property. For the former, the activities that generate income are illegal; Income is the object or result of illegal behavior. For the latter, the activities that generate income are legal; Only the principal used to generate income is suspected to be illegal
the above two types of illegal gains are generated in different ways, and their recovery calculation methods are also different. For the illegal income of the crime of obtaining interests, the illegal property itself is the amount of illegal income; As for the illegal income of the crime of business interests, the normal business interests should be dected. For example, in the crime of usury, the illegal income usually refers to the income from interest rate difference, not the total amount of the loan
In terms of norms, the attitude of the law is also very clear: in the reply of the Supreme People's Court on how to determine the "amount of illegal income" in the trial of criminal cases involving the proction and sale of fake and shoddy goods in 1995, it is pointed out that the "amount of illegal income" stipulated in the decision of the Standing Committee of the National People's Congress on punishing the crime of procing and selling fake and shoddy goods refers to the amount of illegal income from the proction and sale of fake and shoddy goods The amount of profit from selling fake and inferior procts. In the literal sense, the "illegal income" here should be dected from the corresponding cost In judicial practice, it is generally believed that the amount of procts actually purchased is the amount of legitimate business and should be dected; In the case of providing services without actual procts (for example, manpower input in illegal medical practice), the corresponding costs will not be dectedin the crime of organizing and leading pyramid selling activities, there are cases of "Capitation" returning to "online". According to Article 8 of the measures for the determination of illegal income from administrative penalty cases by the administrative department for Instry and Commerce (No. 37 order of the State Administration for Instry and Commerce), the illegal income from pyramid selling activities such as touting and defrauding entry fees shall be calculated according to the total income of the parties concerned
it can be seen that the "tap" paid to the online is not the income of the parties at this level in the MLM organization; It is the income of online, which should be dected and counted into the amount of illegal income of online. After the illegal income collected as online, it should be returned to offline in time according to the above
the above is today's sharing, thanks to the readers
Interpretation of the Supreme People's Court on the specific application of law in the trial of counterfeit currency and other cases (adopted at the 1110th meeting of the judicial committee of the Supreme People's Court on April 20, 2000), The specific application of law in the trial of such cases is explained as follows:
Article 1 Whoever forges money with a total denomination of more than 2000 yuan but less than 30000 yuan, or with a total amount of more than 200 pieces but less than 3000 pieces, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and a fine of not less than 50000 yuan but not more than 500000 yuan in accordance with the provisions of Article 170 of the criminal law
if the total denomination of counterfeit currency is more than 30000 yuan, it belongs to "the amount of counterfeit currency is particularly huge"
Article 2 if an actor uses counterfeit money after purchasing it, which constitutes a crime, he shall be convicted of the crime of purchasing counterfeit money and given a heavier punishment in accordance with Article 171 of the criminal law
if the selling and transporting of counterfeit currency constitutes a crime and the behavior of using counterfeit currency at the same time, the offender shall be punished for several crimes in accordance with the provisions of articles 171 and 172 of the criminal law
Article 3 selling or buying counterfeit currency or knowingly transporting counterfeit currency with a total denomination of more than 4000 yuan but less than 50000 yuan belongs to "large amount"; If the total denomination is more than 50000 yuan but less than 200000 yuan, it belongs to "huge amount"; If the total denomination is more than 200000 yuan, it belongs to "extremely huge amount" and shall be convicted and punished in accordance with the provisions of the first paragraph of article 171 of the criminal law
Article 4 Any employee of a bank or other financial institution who purchases counterfeit money or takes advantage of his position to exchange counterfeit money for money with a total denomination of more than 4000 yuan but less than 50000 yuan or a total quantity of more than 400 pieces but less than 5000 pieces shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the total denomination is more than 50000 yuan or the amount of money is more than 5000 pieces or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 20000 yuan but not more than 200000 yuan or be sentenced to confiscation of property; If the total denomination is less than 4000 yuan or the amount of money is less than 400 pieces, or if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan
Article 5 a person who knowingly holds or uses counterfeit money with a total denomination of more than 4000 yuan but less than 50000 yuan is a "large amount"; If the total denomination is more than 50000 yuan but less than 200000 yuan, it belongs to "huge amount"; If the total denomination is more than 200000 yuan, it belongs to "extremely huge amount" and shall be convicted and punished in accordance with the provisions of article 172 of the criminal law< Article 6 if the total denomination of the altered currency is more than 2000 yuan but less than 30000 yuan, it belongs to "large amount"; If the total denomination is more than 30000 yuan, it belongs to "huge amount" and shall be convicted and punished in accordance with the provisions of article 173 of the criminal law
Article 7 "currency" in this interpretation refers to RMB and foreign currency that can be circulated or exchanged in the domestic market
the denomination of currency shall be calculated in RMB, and other currencies shall be converted into RMB according to the foreign exchange rate announced by the State Administration of foreign exchange at the time of the case
this is only a rule of principle, and the details have to be determined according to the actual situation. It is suggested that you can communicate with lawyer ran bin on the Internet. He is a well-known defense lawyer in Chongqing and can give you more detailed suggestions.
according to the provisions of Article 170 of the criminal law of the people's Republic of China, the crime of counterfeiting currency refers to the illegal manufacture of counterfeit currency by various methods in violation of the national monetary management regulations, imitating the shape, color, pattern and other characteristics of currency, and damaging the public credit of currency, The act of breaking the order of financial management. The criminal law stipulates two levels of punishment for the crime of Counterfeiting Currency: those who forge currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; The second is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment and a fine of not less than 50000 yuan but not more than 500000 yuan or confiscation of property. As for the punishment of the crime of altering currency, the criminal law also stipulates two levels of punishment: those who alter a large amount of currency shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 10000 yuan but not more than 100000 yuan; If the amount is huge, 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 not less than 20000 yuan but not more than 200000 yuan. The amount of counterfeit money is particularly huge. According to the provisions of paragraph 4 of Article 4 of the interpretation, if the total face value of RMB is more than 30000 yuan or the amount of RMB is more than 1500 pieces, it can be regarded as a huge amount. Legal basis: Article 170 of the criminal law of the people's Republic of China? Whoever forges currency shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated: (1) the ringleader of a counterfeit currency group 2 The amount of forged currency is especially huge 3 There are other especially serious circumstances