Investment virtual currency court

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 and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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:
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2. The fact of the crime should be investigated for criminal responsibility 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency

2. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
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.

3. If the amount of fraud reaches the standard of the crime of fraud, it is a criminal case
according to the 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, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.

5. The crime of financial fraud refers to the act of defrauding public or private property or the credit of financial institutions and destroying the order of financial management by making up facts or concealing the truth for the purpose of illegal possession
it is not illegal fund-raising.

6. This is a relatively cutting-edge legal issue. There should be no relevant books, but I can provide you with some information
it should be in the past two weeks that the Korean court accepted a case concerning virtual currency and made a judgment to the effect that it recognized the legal status of virtual currency as private property of citizens. The private property of citizens is of course protected by law, and the court decides that the infringer loses. Then I remember that the article also mentioned that there is no case of virtual currency in China so far, so the judgment of South Korea can be said to be the initial attitude of the legal profession towards virtual currency
because it is on the mobile phone, there is no way to search the original text for you. That's all I remember. I hope it can help you.

7. Article 6 of the opinions of the Supreme People's Court on the people's court's trial of loan cases stipulates: "the interest rate of private loan can be appropriately higher than the bank's interest rate, and the people's courts of various regions can grasp it according to the actual situation of their own regions, but the maximum interest rate shall not exceed four times of the bank's similar loan interest rate (including the interest rate principal). If it exceeds this limit, the interest of the excess part shall not be protected. " Therefore, if the loan interest rate agreed by the parties is too high, the court can not support the interest rate agreed by the parties, nor can it calculate and pay the interest at one or four times of the same loan interest rate announced by the people's Bank of China for the same period. Instead, the judge exercises the discretion to determine the interest rate in combination with the local economic situation and the people's living standard. However, according to Article 9 of several opinions of the Supreme People's Court on the people's court's trial of loan cases, "in the case of regular interest free loan between citizens, the lender requires the borrower to pay the overe interest, or the irregular interest free loan fails to be paid after being urged; If the lender requests to pay the interest after the demand, it may calculate the interest with reference to the interest rate of the similar loan of the bank. Generally, it is more appropriate for the determined interest rate to be one time higher than the interest rate of the similar loan of the same period announced by the people's Bank of China, but it must not be more than four times. Therefore, in the trial practice, it is not appropriate to regard the excessive interest agreement as usury and not support the interest request of the parties, and to calculate and pay the interest at one or four times of the interest rate of similar loans in the same period announced by the people's Bank of China. Page 1 of 1

8. You can report fraud first. Do you have a record of your transaction with him? If you don't have any evidence, just swallow it! You can't sue without proof

9. If virtual currency has value in the future, the court will consider enforcement.