虚拟货币相关内容会加入新修订的刑诉法吗？

Lawyer Liu Zheng, the author, saw today that several WeChat groups were turning to the proposal of a representative of the National People's Congress to include virtual currency in Article of the Criminal Procedure Law. The revised statement is that the public security organs of the people's procuratorate can inquire and freeze the deposits, remittances, bonds, stocks, funds, shares of virtual currency and other property of criminal suspects according to the requirements of investigating crimes. Relevant units and individuals should cooperate with the list of contents that added virtual currency before the revision. It seems that this juxtaposition is to store virtual currency and legal currency. However, under the existing virtual currency supervision policy in Chinese mainland, Mr. Liu's first reaction is how this is possible. After carefully studying the specific report of the legal network on the proposal of the NPC deputies, Mr. Liu probably understands that the background of the proposal is the judicial disposal of the virtual currency involved. Friends who are familiar with Mr. Liu should know that I have done a lot of research on this before and have written several articles to inform ten ministries about further preventing and disposing of the speculation risk of virtual currency transactions. Under the supervision policy represented by the notice and other documents, all the exchange business of virtual currency and legal tender in China is illegal financial activities, which of course also includes the public security organs or so-called virtual currency disposal companies to exchange virtual currency and legal tender, even if this disposal is to promote the handling of criminal cases, so when the public security organs are involved in the investigation of criminal cases, the virtual currency involved, whether as a criminal tool or illegal income, is public security. Organs always entrust a third-party disposal company to realize the virtual currency involved in the case, so as to avoid directly violating the provisions of the notice. Of course, third-party disposal companies will not foolishly just get on the horse and do it themselves. They will often entrust overseas disposal companies to dispose of the virtual currency involved in the case, and then return the funds to China through legal or even illegal channels and then transfer them to the financial accounts of public security organs as assets involved in criminal cases. Compared with traditional criminal cases, The property of a case is usually auctioned by the court executive board at the court stage. In criminal cases involving virtual currency, based on the particularity of virtual currency, the current judicial practice is to generally realize the operation in the investigation stage and then transfer the assets after the realization of virtual currency to the court for disposal. The reason is that Liu Law will not go into details here. Interested friends can see these articles for details. There are at least the following problems in Liu Law's disposal of property at the public security investigation stage: First, the legal and regulatory basis. Although the provisions of the public security organs allow some special properties involved in the case to be disposed of first, such as the revision of some provisions on the management of properties involved in the case of public security organs, Article stipulates that bonds, stocks, fund shares and other properties with large market price fluctuations, bills of exchange, promissory notes and checks whose validity period is about to expire, and other rights holders can explicitly sell the proceeds from the auction according to law with their own written consent or application and the approval of the main person in charge of the public security organs at or above the county level, and deposit them into the only compliant account of the unit in virtual currency. However, it is in line with the fact that the market price fluctuates greatly, but virtual currency is not property such as bonds, stocks, funds, shares, remittances and other vouchers. According to the national regulatory policy, virtual currency can be called virtual goods at most. Moreover, China does not recognize the legal status of virtual currency exchanges. It is illegal financial activities to set up virtual currency exchanges in China or provide services to overseas virtual currency exchanges in China. Logically or legally, the virtual currency involved cannot be Second, there is no proper system arrangement for compulsory measures such as checking and freezing the virtual currency involved in the case. Because of its particularity, the virtual currency stored in the wallet can only be opened by the private key, while the virtual currency stored in the exchange often needs the cooperation of overseas exchanges to freeze. The usual practice of the public security at present is to monitor the criminal suspect's designated residence and make the criminal suspect repent and take the initiative to submit the private key and match it through the tireless legal education and painstaking teaching of the case handlers. Will transferring virtual money into the wallet controlled by investigators involve extorting a confession by torture? Liu Law's own case has not been encountered at present, but we have seen on the Internet that in some cases, the family members or lawyers of the parties claimed that the suspect had been extorted by torture during his residence. Let's assume that it is possible that if the suspect refuses to disclose the private key password of the virtual money wallet involved, no matter what measures are taken, what should he do at this time? Third, the current virtual money involved is realized. The mode is easy to be unsupervised, which leads to the transfer of interests. Liu Law did not start writing an article. It is easy to be blocked. It only mentions that a public security leader in Yancheng, Jiangsu Province and a virtual currency judicial disposal company in Zhejiang Province were investigated because of the illegal transfer of interests between the public security organs and the disposal company in the process of judicial disposal of virtual currency involved. Fourth, the value geometry of the virtual currency disposed lacks authoritative opinions. Judicial expertise and judicial audit opinions are one of the basic forms of criminal evidence, but in the case of virtual currency involved. They are rarely seen in quasi-currency cases, so why is a bitcoin involved in a criminal case priced at RMB 10,000 instead of RMB 10,000? If it is fraud, it is related to whether the defendant will be sentenced to more than years or less in the future. It can be said that it is a matter of life and death. Why is it based on the average transaction price of the Currency Exchange for a certain period of time instead of Europe, Italy, Europe and Italy? Or why is it not based on the average transaction price of the top ten exchanges in the world? These are just four questions that Liu Law casually mentioned. In reality, as a criminal defense lawyer, you will often find more problems. The above problems constitute the dilemma of judicial disposal of virtual currency involved in the case. So can the inclusion of virtual currency in the criminal procedure law solve the problems mentioned above or not? Liu Law's point of view has a certain effect, but it is difficult to completely solve it, especially when the regulators take a negative attitude towards virtual currency as a whole. The idea of including virtual currency in the law is completely wishful thinking. Only the future public and supervision can do it. Only when people accept the existence of virtual currency can it have the opportunity to enter laws and regulations, whether it is positive or negative, such as being a legal virtual asset of citizens or an asset involved in criminal cases, but now it is enough for regulators to hold a meeting of several ministries and commissions and issue a notice summary, just like it is only worthy of the status of virtual currency, just like it is only worthy of the supplementary book of Jinling Twelve Women seen in the dream of Red Mansions, and it is absolutely impossible to enter the official book, at least not for the moment, while this unending sorrow goes on and on for ever. 比特币今日价格行情网_okx交易所app_永续合约_比特币怎么买卖交易_虚拟币交易所平台

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