Legal basis:
It is difficult for public security organs to obtain evidence, and it is also difficult to arrest them, because most of the information of the creative and operational teams of virtual currency scams is not public and there is no way to obtain evidence. Maybe the mastermind will become a victim after he is arrested.
With the popularity of virtual currency, disputes related to it appear frequently. Recently, the People's Court of Futian District, Shenzhen tried a dispute caused by investment in buying and selling virtual currency. The court reminded that the investment transactions of virtual currency are not protected by law, and investors should remain sober and rational.
After reviewing criminal cases or civil disputes, the judicial organs decide to classify them as litigation cases for investigation or trial, which is the initial stage of litigation activities. Generally, it includes criminal filing, administrative filing and civil filing.
Legal basis:
The Criminal Procedure Law of People's Republic of China (PRC) stipulates that filing a case must meet two conditions:
1. Criminal facts exist.
2 criminal facts shall be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility shall not be investigated, the case cannot be filed.
In any of the following circumstances, criminal responsibility shall not be investigated and the case shall not be filed; If the investigation has been completed, the case shall be dismissed, or no prosecution shall be instituted, or the case shall be declared innocent.
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime.
(2) The crime has passed the limitation period.
(3) Being exempted from punishment by amnesty.
(4) Failing to tell or withdrawing from telling a crime without trial or prosecution according to the provisions of the Criminal Law.
(5) The defendant has died.
6. Other laws and regulations exempt from criminal responsibility. Relevant courts all hold that according to the Announcement on Preventing the Financing Risks of Token Issuance issued by the People's Bank of China, the Central Network Information Office, the Ministry of Industry and Information Technology, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the China Securities Regulatory Commission and the China Insurance Regulatory Commission on September 4, 20 17, virtual currency is not issued by the competent monetary authorities stipulated by China, so it has no legal compensation and compulsory nature, and does not have the same legal status as currency.
Because the subject matter of the transaction between the two parties is virtual currency, the sales contract involved should be invalid, and the consequences and risks caused by the transaction should be borne by the investors themselves. Therefore, the plaintiff's petition is not supported.