Study On Conviction And Sentencing Of Stealing Cryptocurrencies

With the development of blockchain and financial technology,the development of cryptocurrency which represented by bitcoin is incredible,and the cryptocurrency is becoming a new payment method and digital asset known to the public.Recent years,because of the huge economic value of cryptocurrency,it has become the criminal object of property crimes such as larceny.How to conviction and sentencing of stealing cryptocurrencies is an urgent problemIn judicial practice,the property attribute of cryptocurrency is ignored because of its data attribute,and the cryptocurrency is not identified as the object of property crime Therefore,the act of stealing cryptocurrencies is convicted and sentenced with the related charges of cybercrime.However,identifying legal attribute of the crypto-currency as the data of computer information system is undoubtedly to negate the value of crypto-currency.It doesn't make a comprehensive evaluation of the behavior which perpetrator infringing upon the others property,nor to protect the property of citizens In this era of rapid development of information technology,all virtual products related to the Internet are essentially data.However,if the judge did not consider the other attribute of the criminal object besides computer data,and sentence all behaviors as crimes related to cybercrime,it is undoubtedly unreasonable.This article bases on the traditional criminal law theory,the unique characteristics of cryptocurrency,and the specific behavior of stealing cryptocurrencies to solve the problem about conviction and sentencing of stealing cryptocurrencies.The identification of the criminal attribute of cryptocurrency is the core to judge the crime of stealing cryptocurrencies.If identify cryptocurrency as the object of property crime,stealing cryptocurrencies can be convicted as larceny.Otherwise,the behavior only violates illegal access to computer information system data crime.The complexity of cryptocurrency lies in that its essence is electronic data,but it also has certain monetary and commodity attributes.But compared with the virtual property such as online game equipment,cryptocurrency has the characteristics of de-centralization,anonymity,and more currency circulation.The theoretical circle of criminal law had made a detailed and profound study on the concept and scope of"Property".Based on this,this paper summarizes the theory about the concept and scope of "Property" and concludes that the scope of "Property" includes tangible things,intangible things and property interests.And cryptocurrency has the characteristics of"Property",which including value and possessory transfer possibility,should be included in the scope of protection of property crime and make it belongs to the object of property crime.The dispute of conviction of stealing cryptocurrencies is mainly between the cybercrime such as illegal access to computer information system data crime and the property crime,such as larceny.However,the relationship between the two kinds of crimes is not either or.When the criminal stole a large amount of cryptocurrencies by technical means,he commits the crime of illegal access to computer information system data and the crime of larceny at the same time.The behavior of the crime of illegally obtaining computer information system data is "invasion or technical means",but stealing cryptocurrencies may not need the above ways.When criminals did not illegally invade the system or use technical means to steal cryptocurrencies,they should not be convicted as illegal access to computer information system data crime.To the conviction of special stealing cryptocurrencies behaviors,it is necessary to analyze the specific behaviors of stealing cryptocurrencies.When the criminal broke down the cryptocurrency network to steal cryptocurrencies,without credit endorsement,the market value of cryptocurrency will fall sharply.Identifying the behavior as larceny is not only unable to make a comprehensive evaluation of the behavior,but also difficult to determine the amount of crime.At this time,the behavior should be identified as the crime of destroying computer information system,which not only can solve the above problems,but also ensure the proper sentencing.On the issue of sentencing,it is necessary to establish a sentencing system that is in line with the principle of coordination of punishment and the crime committed,according to the amount and the severity of the crime.Based on the theory of traditional larceny crime completion patterns,this paper explores the "initiative" and completion in the act of stealing cryptocurrencies according to the facts of the case.The determination of "initiative" should still be based on the urgent risk of losing the cryptocurrency,and the determination of completion should be based on the principle of whether the actor exclusively controls the cryptocurrency,and the different circumstances.When the behavior violates the crime of larceny and the cybercrime at the same time,it is victual to combine the theory of concurrence,including imaginative joinder of offenses,concurrence of articles and implicated offenses to reasonably determine the number of crimes and the penalty.For the general behavior of stealing cryptocurrencies,which violates two crimes at the same time,identifying behavior as larceny with imaginative joinder of offenses can not only protect the property rights of citizens,but also can apply penalties to the act reasonably.Regarding the amount determination,although there is no relevant judicial interpretation in our country,however,the amount of cryptocurrencies can be determined by referring to the amount determination of other properties in judicial interpretation and the method using in judicial practice,taking the cost of the victim's access to cryptocurrencies as the way to determine the amount of crime.