International wanted criminals stealing virtual currency
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 casesstealing 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 wayfirst 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 futurefinally, 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
the most popular team of Dahan coin Ruide in the market
learned from the Xi'an Municipal Public Security Bureau's opening branch recently that the "3. 30" network hacker theft virtual currency case was broken down nearly half a year, and 3 suspect suspects were all arrested. The initial investigation found that the gang involved in the case reached 600 million yuan. p>
on March 30, 2018, the economic development branch of Xi'an Public Security Bureau received an alarm from the victim Zhang, claiming that his personal computer was suspected to have been illegally intruded, and a large number of virtual currencies such as bitcoin and Ethereum were looted, with a market value of over 100 million yuan. The Municipal Public Security Bureau quickly set up a special group to carry out the detection work
has been examined by the 3 suspects as hacker. Many illegal gains have been obtained through illegal invasion, control of company's enterprise and personal network system, and the amount of suspect involved has reached 600 million yuan. At present, the case is still under further investigation
The theft of virtual currency belongs to the act of theft, and a large amount of it constitutes the crime of theft
the general principles of civil law has listed virtual wealth as "valuable wealth", which is protected by law. Therefore, stealing wealth protected by law is theft
"general principles of civil law" stipulates that Article 127 where there are provisions on the protection of data and network virtual property in law, such provisions shall prevail
in the form of game fraud, game account theft, etc
Second, transactions prohibited by the state, especially speculation and trading of the virtual currency are prohibited in China. However, banning trading does not mean that the virtual coin itself is illegal or worthless
for example, bitcoin, which China refuses to recognize as any regional chain block currency, also forbids trading and services, does not mean that bitcoin itself has no value. In the international trading system, bitcoin is recognized in some regions, And there is a corresponding value scale
when someone steals bitcoin or swindles bitcoin, the state will still treat it as theft or fraud, and the amount needs to be approved< At present, the transaction and pricing of virtual currency are prohibited in China, but the value and holding of virtual currency itself are not prohibited. As long as the currency is not defined as illegal, it is legal.
similarly, game currency is also recognized as legal property, but its transaction is prohibited by the state, which does not affect the corresponding legal liability caused by the infringement of virtual currency
Icelandic authorities say a mastermind suspected of stealing $3 million worth of bitcoin mining equipment has escaped from an Icelandic prison
it is reported that the suspect, named Hindley sol Stefansson, fled through the window of Songen prison in rural areas of southern Iceland in the early morning of the 17th. He was transferred to the "open" prison by the police 10 days ago. There are almost no defenses, no walls, the lowest level of security, and prisoners can make phone calls and surf the Internet
According to the report, the fugitive was arrested on February 2 on suspicion of stealing computers, together with 10 other people. At that time, Icelandic police said that the stolen computers were worth about 200 million kronor (about US $2 million). The stolen computer was specially programmed to mine bitcoin. So far, the police have not found the whereabouts of these computers. The amount of money involved is unprecedented in Icelandic criminal cases
"he has an accomplice," said gonnar Schramm, head of Icelandic police. "We are sure."
The police have asked Sweden and other European countries to help with the arrest, the National Broadcasting Authority of Iceland reporteda Swedish police spokesman said that the arrest has not yet been carried out, and the Icelandic counterparts have informed the situation and issued an international arrest warrant
in February, Icelandic police arrested 11 people including Stefansson, accusing them of stealing about 600 computers used to mine the encrypted electronic currency "bitcoin" from December last year to January this year. The total value of these computers is about 200 million kronor (about US $2 million), a record amount of criminal cases in Iceland. Icelandic media called it "bitcoin robbery"
Before Stefansson escaped from prison, 22 people were arrested, but the stolen computer was still missing1. "Terrorist tycoon" bin Laden (offering a reward of US $25 million) "terrorist tycoon" bin Laden: bin Laden is the leader of Al Qaeda, suspected of attacking the US embassies in Tanzania and Kenya on August 7, 1998; And suspected of creating the "9.11" terrorist attack< Major drug dealer Diego Ryan Montoya Sanchez: Sanchez is wanted for smuggling tons of cocaine to the United States. It is said that Sanchez is one of the leaders of the north mountain valley drug trafficking group, Colombia's largest drug trafficking group
3. James J. Berger, the "gang boss" (offering a reward of $1 million) James J. Berger, the "gang boss": Berger is the leader of a criminal organization in Boston, Massachusetts. The organization is suspected of making a series of murders in the area from the 1970s to the mid-1980s, so Berger is wanted. Berg is said to have a hot temper and carry a knife with him at any time. It could be armed and extremely dangerous<
4. "Million robber" Victor Mainz gorena (with a reward of $1 million) "million robber" Victor Mainz gorena: gorena, a former mechanic and security guard, was suspected of robbing a security company with a gun in Connecticut in 1983, successfully taking away $7 million. During the robbery, gorena took two security guards hostage
5. George Alberto Lopez ozko (reward of $100000) and George Alberto Lopez ozko: Wanted for shooting three people in Elmore County, Idaho. On August 11, 2002, the charred bodies of a woman and her two children were found in a burned car, with each victim shot in the head and chest
6, "murderer" Robert William Fisher (with a reward of $100000) "murderer" Robert William Fisher: Fisher is suspected of killing his wife and two children in 2001 and setting fire to their house in Scottsdale, Arizona
7, "prison break" Glen Stewart Godwin (with a reward of $100000) "prison break" Glen Stewart Godwin: the most striking thing about Godwin is that he broke out twice. In 1987, when Godwin was about to be executed for murder, he escaped from a state prison in California. Later that year, Godwin was arrested in Mexico for drug trafficking. After being convicted, he was sent to the Midwestern city of Guadalajara to serve a sentence. In April 1991, Godwin was suspected of killing a inmate. Five months later, he escaped from prison again and is still at large
8. Alexis Flores (with a reward of $100000)
9. Joe savarino skilach (with a reward of $100000)
10. Emigdio presciado (with a reward of $100000) musaev Samir (37 years old) is one of the most wanted criminals on the Red Alert list on August 21, 2009, The charges are human trafficking and forged documents in Uzbekistan in 2004. His escape finally ended in China. On November 11, he was arrested by the Chaya Metropolitan Police on charges of kidnapping, extorting and maltreating his former Ukrainian lover Nadiya dobosh (20) and his friend Anna iasyreva. Only then did the police know that he was an international wanted criminal and related crimes.