Crime of counterfeiting virtual currency

1. The crime of counterfeiting currency refers to the behavior that the person without the right to make and issue currency, according to the external shape characteristics of the real currency, makes the fake currency with appearance enough to make ordinary people mistake it for the real currency, and intends to use it for exercise or make it into circulation. The crime involved in this case belongs to the crime of altering currency. The so-called crime of altering currency refers to the act of intending to circulate, processing and transforming the real currency with compulsory universal power, so as to change it into a larger denomination, or increasing the amount of money. The constitution of this crime has the following elements: (1) the act of altering currency is aimed at the real currency with compulsory universal power, and it is the act of processing and reforming the real currency with compulsory universal power by various methods; (2) to change money is not to change the original form of real money, but to process a part of real money to increase the denomination or quantity of real money; (3) the altered money must be "real money" with the nature of pseudo money, that is, the degree that the appearance is enough to make it difficult for ordinary people to find the altered counterfeit money under the habit of accepting money; (4) the amount of altered currency must be large. According to Article 6 of the Supreme People's court's interpretation on Several Issues concerning the specific application of law in the trial of counterfeit currency and other cases, a large amount of altered currency means that the total denomination of the altered currency is more than 2000 yuan but less than 30000 yuan. If the amount of money is not large, it does not constitute this crime. View & gt& gt;

trouble,!

2.

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

3. The definition of the crime of counterfeiting currency is as follows:
the boundary between this crime and non crime
this crime is an act crime. Generally speaking, as long as the perpetrator intentionally implements the act of counterfeiting money, it can constitute a crime, but this does not mean that it must constitute a crime, because any illegal act, including the act of counterfeiting money, can constitute a crime only when it reaches a certain degree of harm. Before a new judicial interpretation appears, the standard of constituting a crime can refer to the regulations of the Supreme People's Court on handling forged national currency and trafficking in forged national currency issued on September 8, 1994 The criminal cases of smuggling and counterfeiting currency should be recognized according to the standards of conviction and punishment of the crime of counterfeiting national currency in the interpretation of several issues of the law (hereinafter referred to as the "interpretation"). According to the interpretation, the following acts of counterfeiting national currency shall be convicted and punished in accordance with Article 122 of the original criminal law; Second, forging more than 50 but less than 1500 national currencies; Third, although the total face value or amount of forged national currency does not reach the amount required in the first and second cases above, it has serious circumstances. The so-called serious circumstances refer to those who have received criminal punishment for counterfeiting national currency, who have forged national currency by taking advantage of their position, or who have other serious circumstances. In this way, if the total face value of forged national currency does not reach 500 yuan, and the number of forged national currency does not reach 50, and the legal circumstances are not serious, then it can be considered as not a crime after comprehensive analysis of the actor's subjective malignancy, subject characteristics (first offense or common offense), attitude of confession and repentance, etc, Or it can be identified as a crime, but it can be exempted from criminal punishment. As for foreign currency, before there is a new judicial interpretation, its amount can be converted into a certain amount of RMB according to the foreign exchange rate
distinguish the crime of this crime from the crime of religion
after the perpetrator has committed the crime of counterfeiting currency, he will usually continue to commit other related acts, thus committing other crimes, such as selling or transporting his counterfeiting currency, cheating the perpetrator to buy property with his counterfeiting currency, smuggling his counterfeiting loan, etc The crime of smuggling counterfeit currency. Should we make one crime or several crimes and then carry out combined punishment for several crimes? According to paragraph 3 of article 171 of this law, Whoever forges money and sells or transports it shall be given a heavier punishment according to the crime of counterfeiting money. The currency sold or transported here refers to the counterfeit currency forged by the forger himself, that is, the counterfeit currency sold or transported and the counterfeit currency are the same counterfeit currency. Only in this case can forgery and sale or transportation be absorbed. At this time, the act of selling or transporting belongs to the continuation of forgery, which is a subsequent act of forgery. This subsequent act is the natural result of the development of the former act, that is, the act of forgery. In order to achieve its purpose, forgers usually have to be accompanied by the process of transportation or sale. Therefore, this kind of subsequent behavior should be absorbed by the main behavior, that is, the behavior of counterfeiting currency, which no longer has its independent significance. The conviction is only based on the crime of counterfeiting currency, and the sentencing is considered as two heavier circumstances. If the counterfeit currency or the one transported or sold is not the one forged by oneself, there is no necessary connection between the act of transporting or selling counterfeit currency and the act of counterfeiting currency, so there is no relationship between absorption and absorption. For this, we should convict separately and then impose combined punishment.

4. 1. Prosecution standard: 1
(1) counterfeiting currency with a total denomination of more than 2000 yuan or a total amount of more than 200 pieces
(2) making currency samples or providing them for others to forge currency samples< (3) other cases of counterfeiting currency that should be investigated for criminal responsibility< (1) the ringleader of the counterfeit currency group
(2) the amount of counterfeit currency is particularly huge (2 with a total denomination of more than 30000 yuan)< (3) there are other especially serious circumstances
consult Taikun law for details

5. Case: does Li's act of counterfeiting foreign currency constitute the crime of counterfeiting currency in Article 170 of the criminal law? Different opinions: there are two different opinions on Li's behavior< The first opinion is that Li's behavior does not constitute the crime of counterfeiting currency. The reason is that the object protected by the crime of counterfeiting currency is the right to issue currency. China has no right to issue foreign currency, so Li's act of counterfeiting foreign currency does not infringe on the right to issue Chinese currency, let alone constitute the crime of counterfeiting currency< The second opinion is that Li's behavior constitutes the crime of counterfeiting currency. The reason is that our country's protection of currency not only protects the right to issue currency, but also protects the currency's public credit
analysis: the author agrees with the second opinion that Li's act of counterfeiting foreign currency constitutes the crime of counterfeiting currency in Article 170 of the criminal law. The reasons are as follows:
first, the so-called crime of counterfeiting currency refers to the act that the perpetrator does not have the right to make money, nor does he use the right to issue money, but to make such a thing that ordinary people mistakenly think is real money. The object of the crime of counterfeiting currency has changed in history. The legal interest of the crime of counterfeiting currency is considered to be the right to issue currency in the early stage, the public credit of currency in the middle stage, the right to issue currency or public credit in the late stage, and the public credit of currency in the late stage. Of course, the criminal law of our country attacks the behavior of counterfeiting RMB, because counterfeiting RMB infringes the exclusive right to issue RMB
Second, our country certainly does not have the right to issue foreign currency. If the perpetrator forges foreign currency, what our criminal law protects is not our country's right to issue currency, but the public credit of currency. Although the object of Li's infringement is the right of foreign countries to issue their currency, if the foreign currency can be circulated or exchanged in their own countries, then Li's counterfeiting of the currency will directly or indirectly infringe on the interests of our citizens' property. Li's counterfeiting of foreign currency still has the nature of currency's public credit< To sum up, our country's protection of currency not only protects the issuing right of currency, but also protects the public credit of currency. As long as one of them is violated, it will constitute the crime of counterfeiting currency. Therefore, Li's act of counterfeiting foreign currency constitutes the crime of counterfeiting currency in Article 170 of the criminal law.

6. 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< According to the provisions of this article, the so-called extremely serious circumstances refer to one of the following circumstances:
1. The ringleader of a counterfeit currency group. It is worth noting that the application of this article should be "in strict accordance with the conditions for the identification of criminal groups to see whether they can constitute a criminal group that forges money. Only when they constitute a criminal group, their ringleaders can be sentenced according to this range. If it can not constitute a group crime, it is only a general joint crime of combining and gathering several persons. The criminals who play the role of command and organization can only be dealt with according to the principle of punishment for the principal offender of the general joint crime. If the circumstances are particularly serious, this item can not be directly applied, but should be severely punished according to other items
2. The amount of counterfeit currency is especially huge. Referring to the provisions of paragraph 4 of Article 4 of the interpretation, if the total face value of RMB is more than 15000 yuan or the amount of RMB is more than 1500 pieces, it can be considered as a huge amount
3. With other especially serious circumstances. The other especially serious circumstances here refer to all the circumstances that are especially serious except the ringleaders of the counterfeit currency group and the extremely large amount of counterfeit currency. Referring to the interpretation, it mainly refers to: first, forging currency by mechanical printing; Second, personnel engaged in finance, accounting and other work take advantage of their work to forge RMB with a total face value of more than 1000 yuan or more than 100 pieces of currency; Third, counterfeit RMB and put it into the market for circulation, with a total face value of more than 100 yuan or more than 100 pieces of RMB; Fourth, resisting inspection, detention or arrest with violence, if the circumstances are serious; Fifthly, after receiving criminal punishment for counterfeiting currency, they commit the act of counterfeiting currency, and the total face value of the counterfeited RMB is more than 500 yuan or the amount of RMB is more than 50 pieces; wait.

7.

According to the current criminal law, the heaviest penalty for the crime of counterfeiting currency is life imprisonment

according to Article 170 of the criminal law [crime of counterfeiting currency], 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; In 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. According to Article 1 of the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of counterfeit currency and other cases, if the total denomination of counterfeit currency is more than 2000 yuan but less than 30000 yuan, or the amount of counterfeit currency is more than 200 pieces but less than 3000 pieces, Article 170 of the criminal law shall apply, 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 50000 yuan but not more than 500000 yuan

if the total denomination of counterfeit currency is more than 30000 yuan, it belongs to "the amount of counterfeit currency is particularly huge". If the perpetrator makes currency samples or conspires with others to forge currency samples for others, he shall be convicted and punished in accordance with the provisions of Article 170 of the criminal law

extended information

Case: five defendants who forged and sold currency were sentenced and fined respectively

in order to obtain high profits, the five defendants took the risk and even got the idea of forging and selling currency. Recently, the people's Court of Xinluo District, Longyan City, Fujian Province, in the first instance, sentenced the defendant Hu Yannan to 17 years' imprisonment and a fine of 350000 yuan for the crimes of counterfeiting and selling currency and purchasing counterfeit currency

Youjie was sentenced to 13 years' imprisonment and fined 400000 yuan. The defendant Xue Yuhu was sentenced to 12 years and six months in prison and fined 350000 yuan. The defendant was sentenced to 12 years' imprisonment by Jialong and fined 350000 yuan. The defendant, Shi Daowei, was sentenced to one year and six months' imprisonment and fined 30000 yuan

from December 2015 to February 2016, Youjie, the defendant, purchased the semi-finished procts with a nominal value of RMB 20 from Hu Yannan and Shi Daowei, and then Youjie, the defendant, mailed the semi-finished procts with a nominal value of RMB 20 to Xinluo District of Longyan city Jialong irons gold thread with fake RMB of 20 yuan in a rental house in Shiqiao village, xipi street, Xinluo District, Longyan city

the defendants Xue Yuhu and you Jialong sent the fake RMB semi-finished procts with a face value of 20 yuan after ironing the gold thread to all parts of the country by express delivery according to the buyer information provided by you Jie. Up to the time of the case, the defendants Youjie, Xue Yuhu and you Jialong forged a total of 1114170 yuan of currency for sale in this way

in mid February 2016, in order to make profits, the defendants Youjie and Hu Yannan began to plan to print fake RMB of 20 yuan denomination by themselves. The defendant Youjie knew that Zhong XiaoCong (another case) had a fake RMB template in QQ chat, so he contacted Zhong XiaoCong through QQ and asked Zhong XiaoCong to provide and molate a fake RMB template of 20 yuan denomination for himself and the defendant Hu Yannan, Hu Yannan, the defendant, paid Zhong XiaoCong 1000 yuan for this

later, the defendant Hu Yannan printed 10974 pieces of 20 yuan counterfeit RMB at home using the template provided by Zhong XiaoCong (3000 of which had been sold by Zhong XiaoCong), with a total face value of 219480 yuan

since March 2016, in order to make profits, the defendant Shi Daowei purchased computers, color printers, stamping machines and other equipment to print counterfeit RMB. Up to the time of the case, 24 pieces of counterfeit RMB with a total face value of 480 yuan were forged

2015, the defendant, Hu Yan, bought the 20 yuan denomination of half finished procts from Xiao Xiao, a netizen, with a total value of 801000 yuan, and sold it to the defendant 18 times by Alipay. The defendant Youjie sent the fake RMB to Xinluo District of Longyan City, and then the defendant Xue Yuhu and Jialong ironed the gold thread and sold it

2016, defendant Shi Daowei bought half of the finished procts with "20 yuan" false yuan to the netizen "bad handsome", amounting to 24000 yuan, and then sold to defendant You Jie through Alipay transaction. The defendant Youjie sent the fake RMB to Xinluo District of Longyan City, and the defendant Xue Yuhu and Jialong ironed the gold thread for sale