The seminar directed by the Supreme Procuratorate discussed issues such as "the nature of virtual currency and the judicial disposal of virtual currency involved in the case"

Odaily Planet Daily News In July 2023, under the guidance of the Fourth Procuratorate of the Supreme People's Procuratorate, the Zhejiang Provincial Procuratorate and the Supreme Procuratorate's Criminal Prosecution Research Base (Crime Research Center of Peking University) hosted the "Telecom Network Fraud Recovery and Property Disposal" "The seminar was held in Yuhang District, Hangzhou. Delegates at the meeting conducted in-depth discussions on topics such as "the nature of virtual currency and the judicial disposal of virtual currency involved in the case", "the application of the procedure for the confiscation of illegal gains and the distribution of accomplice responsibilities". Gao Yandong, associate professor of Guanghua Law School of Zhejiang University, said that in recent years, virtual currency has become the main "money laundering" tool for telecom network fraud crimes. There are different opinions in practice on how to view the legal attributes of virtual currency, how to determine its value and how to carry out judicial disposal. Unification is urgently needed. Regarding the legal nature of virtual currency, Wang Yutong of the Financial Market Department of the People's Bank of China pointed out that the "Notice on Further Preventing and Dealing with the Risk of Hype in Virtual Currency Transactions" clarifies that virtual currency is not legal tender, and related business activities in the country are illegal financial activities, but it does not Virtual currency is not stipulated as contraband. Because it has quasi-financial attributes, it cannot be denied that it has property attributes. Ren Suxian, chief judge of the criminal trial division of Shanghai No. 2 Intermediate Court, also believes that although the "Notice" denies the currency attribute of virtual currency, starting from the functional attribute, using virtual currency as the object of illegal financial activities such as illegal fund-raising is equivalent to indirect recognition. property attributes of virtual currency. Che Hao, a professor at Peking University Law School, believes that the essential attribute of property lies in its transferability, which is not expressly prohibited by law. Although my country prohibits virtual currency investment transactions, it does not completely prohibit personal holding and transfer, and virtual currency still has property attributes. Regarding how to determine the value of virtual currency in judicial practice, Wu Junjie, a fourth-level senior prosecutor of the Zhejiang Provincial Procuratorate, put forward two ideas: one is to determine the price by the price certification center. Second, if the virtual currency has been converted into RMB, it shall be determined according to the amount of RMB; if it has not been converted, it shall be determined according to the transaction price in the international market on the date of the incident. Xie Hongyan, director of the security department of Taotian Group, suggested that the victim should be identified based on the market transaction price at the time of purchase or damage, so as to better protect the property rights of the victim. Regarding the disposal of the virtual currency involved in the case, Liu Daoqian, a professor at the China Criminal Police College, proposed that those who trade on a centralized exchange can freeze the account involved through the exchange; seizure. (check daily)