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Jiang Fan, deputy to the National People’s Congress, suggested that the virtual currency disposal system involved in the case needs to be improved ur

Jiang Fan, deputy to the National People’s Congress, suggested that the virtual currency disposal system involved in the case needs to be improved ur

CointimeCointime2024/03/09 01:58
By:Cointime

Jiang Fan, a member of the National People's Congress and chairman of the board of directors of Hunan Renhe Law Firm, said in an interview with the Legal Daily that the disposal of virtual currency has become a key and difficult issue in judicial practice. He suggested amending the relevant provisions of the Criminal Procedure Law of the People's Republic of China to further improve the disposal system for virtual currency involved in cases.

Jiang Fan pointed out that in recent years, due to the favor of criminal activities such as fraud, extortion, money laundering, and terrorism, criminal cases involving virtual currency have shown a trend of increasing year by year, and the proportion of virtual currency in criminal property involved has continued to increase.

Jiang Fan pointed out that due to the different properties of virtual currency from traditional property, the existing system provisions, investigation measures, and property disposal methods cannot meet the practical needs of activities such as seizure, custody, and realization of virtual currency involved in cases. Relevant normative documents are vague about the key issues such as the guidelines and procedures for handling virtual currency involved in cases by law enforcement agencies. Some law enforcement agencies are often forced to use subjective presumptions to promote the work process of disposing of property involved in cases, resulting in the legal application missing, imperfect coercive measures, and questionable realization procedures in judicial practice.

Jiang Fan suggested revising Article 144 of the Criminal Procedure Law of the People's Republic of China to: the people's procuratorates and public security organs may, in accordance with the regulations, query and freeze the deposits, remittances, bonds, stocks, fund shares, virtual currency and other property of criminal suspects as needed for investigating crimes. Relevant units and individuals shall cooperate. If the deposits, remittances, bonds, stocks, fund shares, virtual currency and other property of criminal suspects have been frozen, they shall not be frozen again.

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