What kind of detention does virtual currency detention belong to

1.

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

2.

1, if a larger fraud is suspected of fraud, the public security organ will be subjected to criminal detention, and the court will be convicted and punished for the suspect. p> If it does not constitute a crime, it shall be punished by the public security organ in accordance with the law of the people's Republic of China on administrative penalties for public security, and be fined and detained for less than 15 days, which belongs to administrative detention

Article 49 of the law on penalties for public security administration, whoever steals, swindles, loots, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days and may also be fined not more than 500 yuan; If the circumstances are serious, the offender shall be detained for not less than 10 days but not more than 15 days and may also be fined not more than 1000 yuan

Article 266 of the criminal law, whoever swindles public or private property, if the amount is relatively large, 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 amount is huge or if there are other serious circumstances, 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; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and be fined or have his property confiscated. Where there are other provisions in this law, such provisions shall prevail

"interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud" Article 1 the fraud of public or private property with a value of more than 3000 yuan to 10000 yuan, 30000 yuan to 100000 yuan and 500000 yuan shall be recognized as "large amount", "huge amount" and "large amount" respectively as stipulated in Article 266 of the criminal law "The amount is particularly huge."

the higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the central government may, in the light of the economic and social development of their respective regions and within the range of the amount specified in the preceding paragraph, jointly study and determine the specific amount standards to be implemented in their respective regions and report them to the Supreme People's court and the Supreme People's Procuratorate for the record

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extended information:

provisions on the circumstances of heavy punishment

in case of one of the following circumstances, heavy punishment of 10%:

(1) the ringleader of the fraud group or the principal offender with serious circumstances in the joint fraud crime

(2) a recidivist or a fleeing criminal who causes serious harm

(3) defrauding legal persons, other organizations or indivials of urgently needed means of proction, seriously affecting proction or causing other serious losses

(4) defrauding money and goods for disaster relief, emergency rescue, flood control, preferential treatment, relief, medical treatment, etc., causing serious consequences

(5) squandering the swindled property so that the swindled property cannot be returned

(6) using swindled property for criminal activities

(7) causing the death, mental disorder or other serious consequences of the victim

(8) the defendant has been sentenced for a crime or given administrative punishment for fraud

(9) committing fraud more than 10 times

3.

Generally speaking, detention is a kind of public security punishment. The object of punishment is the person who seriously violates the regulations of public security management, but does not constitute a crime

according to Article 2 of the law of the people's Republic of China on punishment for public security administration,

those who disturb public order, impair public security, infringe personal rights and property rights, and impair social management, which are harmful to society and constitute a crime in accordance with the provisions of the criminal law of the people's Republic of China, shall be investigated for criminal responsibility according to law; If the case is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law

Article 10 the types of public security administrative penalties are as follows:

(1) warning

(2) fine

(3) administrative detention

(4) the license issued by the public security organ shall be revoked

for foreigners who violate the administration of public security, they can be subject to a time limit or deportation

< H2 > extended information:

according to Article 19 of the law of the people's Republic of China on punishment for public security administration, if one of the following circumstances occurs in violation of public security administration, the punishment shall be mitigated or no punishment shall be given:

(1) the circumstances are especially minor

(2) taking the initiative to eliminate or mitigate the consequences of violation of the law, and obtaining the understanding of the victim

(3) coercion or deception by others

(4) voluntarily surrender to the public security organ and truthfully state his illegal act to the public security organ

(5) those who have performed meritorious service

Article 20 those who violate the administration of public security under any of the following circumstances shall be given a heavier punishment:

(1) those who have more serious consequences

(2) instigating, intimidating or incing others to violate the administration of public security

(3) retaliating against the reporter, accuser, informant or witness

(4) having been punished by public security administration within 6 months

Article 21 If a person who violates the administration of public security is under any of the following circumstances and should be punished by administrative detention in accordance with this law, he shall not be punished by administrative detention:

(1) he has reached the age of 14 but not 16

(2) those who have reached the age of 16 but not 18 and violate the Public Security Administration for the first time

(3) over 70 years old

(4) pregnant or breast-feeding their own infants under one year old

Article 22 If a violation of public security administration is not discovered by the public security organ within six months, it shall not be punished

The time limit specified in the preceding paragraph shall be calculated from the date of the occurrence of the violation of public security administration; If an act in violation of the administration of public security is continuous or continuous, it shall be counted from the day when the act ends

4. If it is administrative detention or public security detention, it belongs to administrative punishment and is not a crime. If it is criminal detention, it is suspected of a crime.

5.

Detention is a criminal punishment. There are three kinds of detention: criminal detention, administrative detention and judicial detention. The three kinds of detention are different in nature, time and decision-making organ

The article of criminal law on criminal punishment is as follows:

Article 32 penalty is divided into principal penalty and additional penalty. Article 33 The types of principal punishment are as follows: control; Detention; fixed-term imprisonment; Life imprisonment; Death penalty

criminal detention is not a punishment, but a compulsory measure taken by the public security organs to the suspect. The purpose of detention is to prevent the continuation of criminal acts and prevent criminals from escaping and committing suicide

Criminal detention is a temporary measure in emergency. There are four periods of 24 hours, 3 days, 7 days and 30 days. No one is allowed to detain a citizen for an extended period of time

Administrative detention is a kind of public security punishment. The object of punishment is the person who seriously violates the regulations of public security administration, but does not constitute a crime. Such as whoring, illegal carrying controlled knives, fighting, disturbing social order, reselling valuable tickets, selling pirated publications, driving motor vehicles after drinking, etc. The decision on administrative detention is made by the public security organ, and the detention period is from 1 to 15 days

Judicial detention is also a compulsory measure. The object of detention is the person who seriously obstructs the trial or execution procere of the people's court and does not listen to dissuasion. The detention decision is made by the people's court. The purpose is to ensure the normal trial and execution of the people's court. The detainee may be the defendant, the plaintiff, and others

The legal nature and basis of criminal detention are different. Criminal detention is a compulsory measure in accordance with the criminal procere law, not a punishment. Public security detention is a kind of punishment method adopted according to the regulations on public security punishment

Judicial detention is a compulsory measure and also has the nature of punishment. Its legal basis is the civil procere law and the administrative procere law

the application objects are different. The object of criminal detention is the current offender or major suspect who violates the criminal law and needs to be investigated for criminal responsibility. The objects of public security detention are those who violate the regulations on administrative penalties for public security and have not yet constituted a crime

when carrying out detention, the public security organ should hold the detention certificate issued by the public security organ at or above the county level, show it to the detainee and announce the detention. The detainee is then ordered to sign, seal or suppress his fingerprints on the detention certificate. If the detainee refuses to sign, seal or restrain his fingerprints, the execution personnel shall indicate it on the detention certificate

6. 1. If you are detained in a detention center, you are suspected of committing a crime and are in criminal detention
2. If you are detained in a detention center, it is a general illegal act, which is administrative detention
3. What the court decides is judicial detention, which is mainly used in litigation activities and also in detention centers< Relevant laws and regulations:
Article 13 of the measures for the implementation of the regulations on detention centers shall rely on the written decision on administrative punishment, the written decision on detention by the people's court, the written decision on detention review, the written decision on resumption of detention, the written decision on Administrative punishment issued by the organ that made the decision on detention, detention review, deportation or deportation (hereinafter referred to as the detention decision organ) The detainee shall be detained in a written decision on deportation, a written decision on deportation or a written judgment
if the detainee is detained in another place, the detention center shall detain the detainee on the basis of the detention decision-making document of the detention decision-making organ, the written statement that the detainee needs to be detained in another place and the approval proceres of the competent public security organ of the detention center
If a detention center accepts a detainee to be temporarily detained by a case handling organ in a different place, it shall be approved by the competent public security organ of the detention center, and the detainee shall be detained on the strength of the legal documents of the detention decision-making organ or other relevant detention certificates. The time of temporary custody is generally not more than 3 days
if it is really difficult for a railway public security organ to hand over a person who has decided to take administrative detention to a detention center under the jurisdiction of the railway public security organ for execution, it can hand over the person to a detention center under the jurisdiction of the local public security organ along the railway for execution on the strength of the legal documents of the detention decision organ.

7. It is an illegal act in violation of the law on public security punishment

8. Detention:
the public security organ temporarily detains the person who needs to be investigated in accordance with the law in an emergency, and confines the person who violates the public security management in the detention center of the public security organ for no more than 15 days, which is a kind of administrative punishment.