The sentencing standard of the crime of stealing virtual currenc

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. It must be a crime, and the virtual currency is also protected by the law, which is written by the property law. Thank you
the most popular team of Dahan coin Ruide in the market

3.

According to Article 264 of the criminal law, whoever steals public or private property in large amount or repeatedly 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 shall also be fined or have his property confiscated; In any of the following circumstances, the offender shall be sentenced to life imprisonment or death penalty, and shall also be sentenced to confiscation of property:

(1) stealing financial institutions, the amount of which is especially huge

(2) stealing precious cultural relics, if the circumstances are serious

"interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of theft cases"

Article 3 the standards for "large amount", "huge amount" and "especially huge amount" of theft of public and private property are as follows:

(1) "large amount" refers to personal theft of public and private property with a value of more than 500 yuan to 2000 yuan

(2) if an indivial steals public or private property with a value of 5000 yuan to more than 20000 yuan, it is a "huge amount"

(3) if an indivial steals public or private property with a value of 30000 yuan to more than 100000 yuan, the amount is "extremely huge"

The higher people's courts of all provinces, autonomous regions and municipalities directly under the central government may, according to the economic development situation of the region and taking into account the social security situation, respectively determine the standards of "large amount", "huge amount" and "especially huge amount" to be implemented in the region within the amount range specified in the preceding paragraph

extended data

theft refers to the act of stealing public and private property for the purpose of illegal possession, with large amount or multiple times of theft, burglary, theft with lethal weapons, pickpocketing public and private property<

the object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the indivial. Generally speaking, it refers to the movable property. However, the attachments on the real property can be separated from the real property. For example, the crops on the fields, the trees on the mountains, the doors and windows on the buildings, etc. can also be the object of this crime. In addition, energy such as electricity, gas can also become the object of this crime

According to the interpretation of the Supreme People's Court on the specific application of law in the trial of theft cases, Article 1 according to the provisions of Article 264 of the criminal law, the act of secretly stealing a large amount of public or private property or stealing public or private property for many times for the purpose of illegal possession constitutes theft

(1) the amount of theft refers to the amount of public and private property stolen by the perpetrator

(2) attempted theft, if the circumstances are serious, such as taking a huge amount of property or national precious cultural relics as the target of theft, shall be convicted and punished

(3) stolen public and private property, including electricity, gas, natural gas, etc

(4) stealing the property of one's own family or close relatives is generally not a crime; If it is necessary to investigate the criminal responsibility, the punishment should also be different from those who commit crimes in society

4.

According to the sentencing guidelines of the people's court, the sentencing standard of theft crime is defined; The relevant provisions are as follows:

Article 115 [fixed-term imprisonment of less than three years, criminal detention, public surveillance, single fine sentencing standard]

(1) if the amount of crime is more than 1000 yuan but less than 1500 yuan, the benchmark penalty is fine; If the amount of crime is more than 1500 yuan but less than 2000 yuan, the benchmark penalty is the control penalty; In case of burglary or pickpocketing in public places for more than three times within one year, the standard penalty shall be criminal detention

(2) if the value of the stolen public or private property is more than 2000 yuan but less than 10000 yuan, the value of the stolen property is 2000 yuan, and the benchmark penalty is fixed-term imprisonment of six months. For every 330 yuan increase in the amount of crime, the sentence will be increased by one month

(3) a person who steals 800 yuan of public or private property under one of the following circumstances may be investigated for criminal responsibility. The benchmark penalty is fixed-term imprisonment of six months. For each additional circumstance, the sentence will be increased by six months

1

2. Stealing the property of the disabled, the elderly or the disabled

3, causing serious consequences or having other bad circumstances

extended information:

acts punished as theft:

(1) the third paragraph of Article 193 of the criminal law stipulates that those who steal credit cards and use them shall be convicted and punished as theft

(2) the first paragraph of article 210 of the criminal law stipulates that those who steal special VAT invoices or other invoices that can be used to defraud export tax refund or tax dection shall be convicted and punished as theft

(3) article 253 of the criminal law stipulates that any postal worker who steals property by opening, concealing or destroying mail or telegram without permission shall be convicted and punished as theft

(4) article 265 of the criminal law stipulates that anyone who, for the purpose of making profits, stealthily connects another person's communication lines, copies another person's telecommunication codes or signals, or knowingly uses the stealthily connected or copied telecommunication equipment or facilities shall be convicted and punished for the crime of theft

(5) Article 7 of the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of cases disturbing the management order of the telecommunication market stipulates that if the telecommunication card is used after illegally recharging, the loss of telecommunication charges will be large, and it will be convicted and punished as theft

5.

1、 If the amount of theft is relatively large and the legal penalty is less than three years of fixed-term imprisonment:

if the amount of theft is more than 1000 yuan but less than 2500 yuan, he shall be sentenced to public surveillance, criminal detention, fixed-term imprisonment for six months or a single fine; If the amount is more than 2500 yuan but less than 4000 yuan, he shall be sentenced to fixed-term imprisonment of six months to one year; If the amount is more than 4000 yuan but less than 7000 yuan, he shall be sentenced to fixed-term imprisonment of one to two years; If the amount is more than 7000 yuan but less than 10000 yuan, he shall be sentenced to fixed-term imprisonment of two to three years

Second, if the amount of theft is huge and the legal penalty is three to ten years of fixed-term imprisonment:

more than 10000 yuan but less than 17000 yuan, the penalty will be three to four years of fixed-term imprisonment; Those with an amount of more than 17000 yuan but less than 24000 yuan shall be sentenced to fixed-term imprisonment of four to five years; Those with an amount of more than 24000 yuan but less than 31000 yuan shall be sentenced to fixed-term imprisonment of five to six years; If the amount is more than 31000 yuan but less than 38000 yuan, he shall be sentenced to fixed-term imprisonment of six to seven years; If the amount is more than 38000 yuan but less than 45000 yuan, he shall be sentenced to fixed-term imprisonment of seven to eight years; Those who exceed 45000 but less than 52000 yuan shall be sentenced to fixed-term imprisonment of eight to nine years; If the amount is more than 52000 yuan but less than 60000 yuan, he shall be sentenced to fixed-term imprisonment of nine to ten years

(3) the amount of theft is especially huge, and the sentencing standard of the legal penalty is fixed-term imprisonment of more than 10 years and life imprisonment:

those who are more than 60000 yuan but less than 78000 yuan shall be sentenced to fixed-term imprisonment of 10 to 11 years; If the amount is more than 78000 yuan but less than 96000 yuan, he shall be sentenced to fixed-term imprisonment of 11 to 12 years; If the amount is more than 96000 yuan but less than 114000 yuan, he shall be sentenced to fixed-term imprisonment of 12 to 13 years; If the amount is more than 114000 yuan but less than 132000 yuan, he shall be sentenced to fixed-term imprisonment of 13 to 14 years; Those with an amount of more than 132000 yuan but less than 150000 yuan shall be sentenced to fixed-term imprisonment of 14 to 15 years; Those over 150000 yuan shall be sentenced to life imprisonment

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extended information:

criminal law of the people's Republic of China

article 264 whoever steals public or private property in large amount or for many times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or custody, 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 shall also be fined or have his property confiscated; Under any of the following circumstances, the offender shall be sentenced to life imprisonment or death penalty and be sentenced to confiscation of property: