Author: Lawyer Liu Zheng

Introduction

In involving virtual currency criminal cases, most cases need to be judicially determined, but according to the current current Regarding the supervision of virtual currency, no institution may engage in pricing services for virtual currency transactions. Although judicial practice is currently commissioned by entrusting third -party companies to deal with the realization of virtual currencies involved in the case, it is also more after the court's decision. Disposal.

According to the practical experience of Lawyer Liu, it is difficult to determine what the value of the virtual currency involved in the case is in the case of the criminal case procedure, so when it encounters the case, it is involved in the case. If the virtual currency appreciates or depreciates throughout the criminal procedure, how should the court be sure to determine the amount involved?

Lawyer Liu determines the amount of the case involved from the value of the virtual currency, the amount of virtual currency, and the criminal case. The importance of and how to determine the three aspects of the amount of criminal cases involved in virtual currencies talk about this topic.

A high market volatility of virtual currency

At the moment of lawyer Liu, the price of Bitcoin has fallen by 93,000 US dollars, although the price trend of the big cake is analyzed It is essentially a financial analysis, and the financial knowledge of lawyer Liu as a legal worker is too fur; but from the perspective of metaphysics, the judgment of the following seems to have a certain persuasion: During the Spring Festival, the price of currency seems to all seem to all seem to be There is no much higher than.

(The currency circle of the sixth day of the new year seems to be red, although it reflects a certain kind of Traditional festive color, but friends in the currency circle are simply sorrowful)

The high volatility of the price is the basic characteristics of mainstream coins, and it is the basic characteristics of non-mainstream currency ( In addition to stable currency USDT, USDC, etc.), friends with a slight "legal feeling" know that the most basic characteristics of the law are stability and hate "polymotidiated". The high volatility of virtual currency prices will inevitably bring a lot of trouble to the implementation of the law. For example, when the public security criminal case is filed, the derived virtual currency may only be worth 1 million yuan, but when the court's decision, these virtual currencies of these virtual currencies may be The price has risen to 10 million yuan; or when the case is filed, the market value of the virtual currency seized is 10 million yuan. The value of these currencies has been zero when the court trials (this is a common situation in the currency circle).

If it is the previous situation, except for the suspect/defendant and his defense lawyer and family members are not happy, others will be happy -for the victims, there is a guarantee of refund and the motivation for the public prosecution law to handle the case. It's enough; but the latter case will reverse: the suspect/defendant and his defense lawyer and family will be happy, and others are uncomfortable, because virtual currencies with zero value may not mean that it will no longer constitute criminal cases. Essence

Why do you say that it is important to determine that the amount involved is very important. The important factor in the constituent elements of these sins is the amount involved. For example, under normal circumstances, the amount involved is less than 3,000 yuan, which does not constitute a crime of fraud. The imprisonment (here lawyer Liu uses the control variable method in science and engineering experiments, regardless of other circumstances).

In addition, not only should criminal cases consider the criminal file stage of public security, there are also two processes of procuratorate and courts. Xue Dingzheng's cat generally allows prosecutors and judges who are pursuing high -quality case handling.

So, a clear and clear amount involved in criminal cases is critical to the case, review, prosecution, trial, and even subsequent implementation of criminal cases.

What should I do after the appreciation or depreciation of the virtual currency involved in the three cases?

Through the above analysis, we know that in judicial practice, one thing we must do is to clarify the amount of virtual currency criminal case involved. What should I do?

The current amount of criminal cases generally determines the following:

The price identification center is identified. According to the "Specification of Price Confirmation Behavior" by the Development and Reform Commission, the price identification in criminal cases can be identified by the price identification agency (that is, the price identification center of various places). The specific methods include: market law, cost law, income method, expert consultation method, etc. ; However, according to the "Notice of the 9.24 Notice" (the notice on further prevention and disposal of the risk of hype of virtual currency transactions "), my country does not allow any institutions to provide pricing services for virtual currency transactions, so whether the price identification center can provide virtual currencies involved in the case involved in the case. There is a lot of controversy in the determination of the price. Lawyer Liu believes that the price identification center is not suitable to participate in the price recognition of the virtual currency involved in the case;

Transaction price. Currently some judicial association referenceThe prices of virtual currency transactions of the mainstream virtual currency exchanges (using USDT as the price benchmark) to determine the price of virtual currencies involved in the case. , But this approach has a bad injury: my country currently does not allow virtual currency exchanges to provide services to the mainland residents, so whether judicial can use the pricing service of foreign currency exchanges as an exception, Lawyer Liu believes that it is certainly not possible; < /p>

Third is the price identification in the price appraisal opinion and judicial appraisal opinion of third-party institutions. Although the third -party appraisal agency is different from the price identification center of the "official background", it is still essentially a pricing service for virtual currency by third -party institutions. It is not essentially different from the pricing service of the price identification center in the first model. It is difficult to avoid the prohibition of "9.24 Notice". Especially the judicial appraisal agency's price recognition of the price of virtual currencies involved in the case has exceeded the scope of judicial appraisal. The judicial appraisal agency has no power and qualifications to identify the price of virtual currency involved in the case;

Fourth is determined by the suspect/defendant's stolen amount or the loss of the victim. Because my country does not prohibit virtual currency investment transactions, whether it is a criminal case (such as fraud and theft) that needs to be returned to property or criminal cases that are not involved in the case (such as organizations, leadership of MLM activities, crimes of opening casinos, illegal illegal casinos, illegal illegal casino, illegal illegal casino, illegal illegal casino, illegal illegal casino, illegal illegal casino, illegal illegal casinos, illegal illegal casino, illegal illegal casino, illegal illegal casino, illegal illegal casino, illegal illegal casino, illegal illegal casino, illegal illegal, and illegal illegal cases. If the business crime), if the suspect/defendant has already used the realization of the virtual currency sales involved in the case or the replacement of other property, then the value of the realization or replacement of the property can be used as the amount involved; , But if you can clarify the amount of the victim's loss, you should prioritize the amount involved based on the amount of the victim's loss. This is because in the determination of the amount involved in criminal cases, one basic principle is the principle of "the victim's failure to make a profit" (at the same time, it is necessary to take into account the principle of "the suspect when it is conducive to the suspect"). If the virtual currency purchased by 10,000 yuan was stolen, the virtual currency had appreciated to 100,000 yuan when the court judged, then the court should use 10,000 yuan as the amount involved; (Purchasing amount), you can consider the amount of virtual currency at the time of the judgment as the amount involved.

Four written in the last

The price fluctuations of virtual currency fluctuated in criminal cases. All parties among the participants must attach importance to the value of virtual currency involved in the case. Even for stablecoins such as USDT and USDC, you can't think of it for granted that its value can always be equivalent to the US dollar. After allCentralized agencies will not fail. Therefore, it is necessary to identify the value of virtual currency involved in the case in a timely, accurate, and legal compliance, and properly dispose of the appreciation or depreciation of virtual currencies involved in the case of criminal cases.

In the current judicial practice, the realization of virtual currency judicial disposal involved in the case is already mature. /The defendant's legitimate rights and interests are critical. (END)