Steal fictitious money, be larceny gets blame of data of computer information system illegally still

Ceng Jie: Office of wide strong attorney collects money illegally guilty plead and research center secretary-general

Recently, xi'an police uncovers burgalry of pilfer of especially big and fictitious money, according to the victim Zhang Mou calls the police, say doubt of its personal computer is like be inbreaked illegally, the fictitious money such as lane of many bit money, aether between one night by loot one sky, its market prise is amounted to 600 million, achieve domestic record.

In last few years, the pilfer burgalry that is aimed at fictitious money is added gradually much. Nevertheless, steal behavior secretly in the light of this kind, should be punished with larceny after all or punish with getting blame of data of computer information system illegally, particular controversy exists in practice.

The author thinks, this kinds of behavior should be punished with getting blame of data of computer information system illegally, larceny of and rather than.

The condemnatory far outclass of larceny gets blame of data of computer information system illegally

If be larceny, if amount is particularly huge (300 thousand to 500 thousand above, each province is different) highest can sentence life imprisonment.

If dispute law gets blame of data of computer information system, highest punishment is 7 years.

Accordingly, relative to at larceny character, getting blame of data of computer information system illegally is punishment relative to smaller charge,

Be in for instance in March 2018 portion, beijing, had happened one case, bit money steals proposal value, achieve 2 million RMB. The director Zhong Mou of an Internet company, the 100 bit money him company under one's name with the post illegal possess oneself of, its behavior is told from angle of life common sense is one kind steals or the conduct behavior of functionary embezzlement, but final this case is with getting data of computer information system illegally the blame arrests a suspect however.

If sue this suspect with larceny, so the amount that its steal achieves 2 million RMB, legal measurement of penalty is in 10 years of above, highest punishment is life imprisonment; But if be,sue with getting blame of data of computer information system illegally, its are highest punishment is 7 years. Accordingly after all which accusation convictions, matter to the with the accused person personal interest of guilty suspect.

The author thinks, with getting blame of data of computer information system illegally to conviction be good law of measurement of penalty sets.

The reason has 3:

The first, fictitious money is not commodity, also won't money, not be the guilty object of larceny;

The 2nd, steal the behavior of fictitious money in great quantities, accord with get crime of data of computer information system illegally to be mode;

The 3rd, substantially, fictitious money belongs to data of computer information system.

The first, fictitious money is not commodity, also won't money, not be the guilty object of larceny;

Before getting blame of data of computer information system illegally 2009 to come on stage, involve the act that gets data of computer information system illegally to often be labelled larceny. Get the act that money of date of Zhang of computer information system, play, game equips illegally for instance, it is make with larceny compasses. And the protection that is aimed at all of computer science department, only one invades blame of all of computer science department illegally, and the boy or girl friend that this blame protects is, national work, national defence builds the interconnected system of computer science department of domain of advanced science technology, to common public economy association and business are used, the protection of the information of all of computer science department such as education, sanitation does not have separate legal provision.

Criminal law amendment 7 after coming on stage, this kinds of case is much no longer with larceny put on record

Because transmit the computer virus, criminality that invade and atttacks computer information system to be highlighted increasingly to making in recent years, standing committee of countrywide National People's Congress passed on Feburary 28, 2009 " criminal law amendment (7) " undertook formulary to getting blame of data of computer information system illegally, it is to point to violate national regulation, invade national work, national defence the computer information system beyond domain of technology of construction, advanced science perhaps uses other technology method, get the memory in system of this computer information, data that handle or transmits, perhaps carry out illegal control to all of computer science department, the conduct with serious clue, belong to criminality.

That is to say, build the protection of all of computer science department that waits for a domain to be not national work, national defence, criminal law also had special rule to make.

After coming on stage in this blame, the author thinks, to getting the Zhang bugle call inside all of computer science department illegally, game, money, play equipment waits behavior a moment, ought to according to get blame of data of all of computer science department illegally to conviction measurement of penalty. And I show way of carry out a death sentence according to our country, the guilty object of larceny is state-private property, should not include computer information system.

Is bit money property?

So the focus of the problem returned fictitious money, include bit money to wait, be property or all of computer science department after all? So called property, include commodity to also include a money already.

Be a money? Either

And basis on September 4, 2017 the 7 ministries and commissions such as the Central Bank " the announcement that about be on guard token issues financing risk " : ?

That is to say, according to the regulation of our country, include, bit money inside relevant and fictitious money, not be real money.

Be commodity? Property is obscure, it is fictitious commodity

Since fictitious money is not a money, is then it a kind of commodity after all?

About this, be in early 2013 the ministries and commissions such as the Central Bank " about be on guard the announcement of bit currency risk " mention: "Look from property, bit money ought to be a kind of specific fictitious commodity, do not have the legal place that is equal with the money, cannot and do not answer monetization in the market current use. Cannot and do not answer monetization in the market current use..

This announcement reflected our country finance basically to superintend a branch of the fictitious money such as contrast spy money qualitative, namely fictitious money is not a money, but belong to a kind of fictitious commodity and fictitious belongings, but, its whether wait for belongings as blame of embezzlement of larceny, post kind in crime " property " ? The answer is cannot.

Fictitious belongings and commodity whether as belongings kind guilty object? The view of highest courtyard is inappropriate

2013, highest courtyard, highest check is being drafted " steal statute of criminal case comfortable use about dealing with the explanation of a certain number of problems " in the process, put forward with respect to somebody: Wait for fictitious belongings to stealing play money, should conviction with larceny punishment. Should conviction with larceny punishment..

Highest courtyard the research conclusion at that time is, this opinion is inappropriate.

Because highest courtyard thinks will fictitious money, fictitious perhaps money is maintained for, the state-private property in larceny, exceeded the attributive that this judicatory explains and range. The relevant judicatory of larceny explained the basis 1998, so called finance affairs, include to have system thing not only, also include not to have body other people, for instance gas electric power, natural gas, but, the fictitious product in all of computer science department and fictitious commodity are so called without the larceny that be brought into property category.

Accordingly, steal the behavior of fictitious money, also should consult relevant judicatory explanation, conviction with getting blame of data of computer information system illegally measurement of penalty.

The 2nd, steal the behavior of fictitious money in great quantities, accord with get crime of data of computer information system illegally to be mode;

In stealing fictitious money case in great quantities, the accused person is without other license or national license are used more, setting, tool of account password intercept and trojan, break through safe tool to wait a moment forcibly.

The 3rd, substantially, fictitious money belongs to data of computer information system.

Look from the definition, the fictitious money of broad sense includes play money already, also include the special money that business of service of tool of instant perhaps communication distributes portal website, use at purchasing the service inside this website. Use the most extensive Q money that should belong to Tecent company, usable will buy the appreciation such as show of member qualification, QQ to serve. Still include to be based on the token of set limit to that technology of area piece catenary issues, be like bit money (BTC) , Lai spy money (LTC) etc.

Substantially, they are belonged to " the memory in computer information system, data that handle or transmits " it is to point to deposit the data in information system.

Their condition or it is to be in memory condition to fall, or be be being concerned personnel edits, or be being transmitted, transmission behavior means is sent to carry a network other terminal and send mobile storage equipment to go up through a few special tools, belong to the guilty boy or girl friend that gets blame of data of computer information system illegally.