Russian Court: Theft Of 100 BTC Isn’t A Crime Because Bitcoin Isn’t Property

[Bajank]

Russian exchanges and Russian projects are very dangerous. There are a lot of crimes there without us knowing they are manipulating exchanges and holding an IEO with an imbalance that is a big bonus prize but it is all their tricks for us to be interested in.

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[coolcoinz]

Like the old joke says: Russia is not a country, it's a state of mind.
At least when they come out of prison they'll be rich. Their stolen coins will most likely be worth more than they were in 2018.
I wonder how the court wouldrule if I stole some coins from a Russian citizen without atacking or threatening him. It looks like they were put in jail for the violent attack and impersonating agents, not for theft. The court has given green light to all crypto thieves in Russia. As long as the victim doesn't catch you in the act you're pretty much safe.

[NotATether]

I'm sure there are Russian owned and operated exchanges. If they're sensible they would not be running them in Russia. Then again this might act as a wonderful incentive to bring some 'business' home.

Yobit is an eternal mystery. They've probably leased a secret Mir and hide in space.

Their servers and domains are based in the US and Panama so even though they're still subject to Russian law, the website itself is out of reach for them so they can't really seize it or anything.

[cryptoperkele]

I'm sure there are Russian owned and operated exchanges. If they're sensible they would not be running them in Russia. Then again this might act as a wonderful incentive to bring some 'business' home.

Yobit is an eternal mystery. They've probably leased a secret Mir and hide in space.

Their servers and domains are based in the US and Panama so even though they're still subject to Russian law, the website itself is out of reach for them so they can't really seize it or anything.

Yeah but we weren't talking about government seizing it. That just means they can now exit scam any time they want without any legal ramifications.

[stompix]

Their servers and domains are based in the US and Panama so even though they're still subject to Russian law, the website itself is out of reach for them so they can't really seize it or anything.

Yeah, just like BTC-e was out of reach from the US...Not! Remember Mega?

Cyber ​​robbers posing as FSB officers will be tried in St. Petersburg

Roughly, with a strong catch-up word, they began to threaten the cryptocurrency miner that they would take him to Shpalernaya Street, where they would torture him and torture him, beat him and inject chemicals into the body that affect the nervous system. The man did not check whether intruders would fulfill their threats or not. He took 5 million rubles from a cache in the kitchen and handed them to Piron. And also from the cryptocurrency electronic wallet he transferred bitcoins to him.

The 2$ wrench vs the 256sha encryption story in real life.

From what I understood from the tranlation Lucius posted the court the court simply delegated the case of the stolen currency to a civil court because by the law they had no right to quantify the damages, property that at any time can't be valued directly ussualy gets tossed aside to civil proceedings.
It's not that the court has decided the coins will be left with the thief, they simply claimed they will not bring the theft of the coins in the charge the individual faces currently as he is already facing theft and extortion as far as I understand, besides, in Russia you don't get multiple charges in one case.

[gentlemand]

Their servers and domains are based in the US and Panama so even though they're still subject to Russian law, the website itself is out of reach for them so they can't really seize it or anything.

Can you point to anywhere that mentions that?

I've well and truly never seen a mention of its location or ownership ever and no shortage of people have wanted to know. All of those elements can be moved easily enough too.

[Lucius]

Can you point to anywhere that mentions that?

It is very likely that the source of this information is from this page ->

The scam of scams is officially registered in Moscow, Russia. It is impossible to find more details about the business niche they are involved in, but one is sure just few months ago Russia policy was harsh to crypto currencies. The other fact that even BTC-E exchange is registered in Bulgaria tell us enough.

The main yobit server is located in San Francisco where the HashOcean phantom office was too. Yobit.net has a reserve domain registred somewhere in Panama (The prosperous land for ponzi schemes).

https://whois.domaintools.com/yobit.net

What is no secret is actually the fact that everyone who earns some significant income in Russia (large companies or individuals), must pay compensation to the state, not only in the form of regular taxes, but also under the table.

[figmentofmyass]

Their servers and domains are based in the US and Panama so even though they're still subject to Russian law, the website itself is out of reach for them so they can't really seize it or anything.

Yeah, just like BTC-e was out of reach from the US...Not! Remember Mega?

i think he was implying that yobit's infrastructure is out of reach of the russian authorities, which is probably true. BTC-E structured themselves the same way.

as the WEX case showed, the russian police could just $5 wrench attack the admins---if they are in russia. however, the arrest of pavel krymov (alleged yobit founder) 2 years ago in moscow appears to have accomplished nothing as far as yobit's operations go.

the mystery continues.

[stompix]

~

i think he was implying that yobit's infrastructure is out of reach of the russian authorities, which is probably true. BTC-E structured themselves the same way.

as the WEX case showed, the russian police could just $5 wrench attack the admins---if they are in russia.

I think that the 10$ novichok attack is effective even outside the borders of Russia.
If I would be a criminal mastermind dealing with financial stuff I would prefer to have the US hunting me rather than the guys known to help people commit suicide by jumping from the 8th floor of a 4-floor building or shooting themselves in the back form 50 meters away.

however, the arrest of pavel krymov (alleged yobit founder) 2 years ago in moscow appears to have accomplished nothing as far as yobit's operations go.

Depends who runs it right now, the FSB has run banks in the past and probably still has the last saying in a few even after the last clean up, I wouldn't surprise me a bit if they are behind yobit right now and the formers admins are just playing puppets.
The moment something starts being profitable you can bet they are ready to milk a percent of it.

[Lorence.xD]

Well, Russia is one of the countries where-in the Bitcoin and other cryptocurrencies are not welcomed like the blockchain. The country wants to hit harder on cryptocurrencies and its activities by imposing strict laws and taxes. Although, the crypto geeks in Russia regardless of the laws proposed tend to carry out trade persistently.

The continuous tug of war for legality of bitcoin is very taxing for its citizen, this wavering support is giving the people a reluctant hope. The strict laws wouldn't be a thing if the legitimacy of cryptocurrency is still questionable. This is just a few cases that will be a predecessor to more albeit similar cases.

[imstillthebest]

Well, Russia is one of the countries where-in the Bitcoin and other cryptocurrencies are not welcomed like the blockchain. The country wants to hit harder on cryptocurrencies and its activities by imposing strict laws and taxes. Although, the crypto geeks in Russia regardless of the laws proposed tend to carry out trade persistently.

The continuous tug of war for legality of bitcoin is very taxing for its citizen, this wavering support is giving the people a reluctant hope. The strict laws wouldn't be a thing if the legitimacy of cryptocurrency is still questionable. This is just a few cases that will be a predecessor to more albeit similar cases.

its only taxing for those who love btc but not to those who dont know if what btc's are  . this is better as it gives people a small hope than no tug of war for legality of btc at all  .

to some countries not just tag of war is happening but they also make it real  . they accept btc and then they reject it again , thats better than no actions were takin yet  . atleast people get to experienced btc even in a short manner of time    .

[Darker45]

Sometimes, human legalities are devoid of common sense.

I've read this news a few days ago and the recent Chinese case which is somehow similar to this one came to mind. There was a legal battle over whether or not Bitcoin is an asset under the Chinese law. If it is, then it is protected by law. If it isn't, then all hell breaks loose.

The only difference is that the Chinese case ended up in favor of Bitcoin as an asset while this one does not seem to favor Bitcoin as a property.

My point, however, is simply that if something owned by someone is stolen or robbed by another then, by all means, it is illegal and should therefore be returned to its owner, regardless if that particular thing is legally classified as an asset or not.

[smyslov]

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Source: The Russian Criminal Court Rejected The 99.7 BTC Claim From The Victims Because Bitcoin Was Not Recognized As Legal Tender

This is a bad precedent, because of this decision people can just steal and hack anyone's Bitcoin and he has no civil or criminal liability and this will put Crypto holders in Russia in a big risk, even if it is not recognized as a legal tender in Russia it has value, it has a monetary value on it, because it has a price attached to it.

[Ozero]

Subsequent developments in the case involving two men impersonating the Federal Security Services (FSBs) have paid off. In particular, on June 30, the Russian criminal court rejected the claim for victims with the argument that Bitcoin and other cryptocurrencies do not inherit the same protection as other types of assets.

The case began in 2018 when two men impersonating Federal Security Service (FSB) employees and their accomplices kidnapped the victim and forced him to give them 5 million rubles or $ 90,000 in cash and 99.7 BTC – worth about $ 900,000 at the time. The kidnappers were sentenced to eight and ten years in prison.

After that, the lawsuit went on and on because the victims demanded compensation and forced the scammers to pay back the money they stole. The court still ruled in favor of the victim, insisting the criminals had to repay 5 million rubles. However, when it comes to cryptocurrencies, the court declared that they could not respond to the claim, as Bitcoin was not legally recognized by Russian law.

Therefore, it seems that this incident is outside their jurisdiction.

Even so, victims can still try their luck in civil court. Regardless of any future legal proceedings, this court’s decision is remarkable – in essence, it claims that Bitcoin theft is not a crime.

Source: The Russian Criminal Court Rejected The 99.7 BTC Claim From The Victims Because Bitcoin Was Not Recognized As Legal Tender

Such a court decision of the Russian court is very bad for cryptocurrency holders. In this case they are completely unprotected from any arbitrariness.
 Also in this case, in my opinion, such a decision can be challenged. The amount of stolen bitcoins was $ 900,000. Victims may claim that they spent on the purchase of bitcoins a certain significant amount in Russian rubles and file a lawsuit for this amount. If the amount of damage in this case is confirmed by the price of bitcoin in international markets, the court should take this into account regardless of the fact that in Russia bitcoin is not recognized as a commodity or other financial value. For the victim, this value and its size in rubles is fully confirmed.

[Argoo]

According to Roman classical law, which is also used in Russia in order to have ownership of any thing, a person must have the right to own (the presence of this thing), the right to use (the ability to derive any benefit from it) and the right to dispose (sell, exchange, give and so on). The victims had these rights before the theft of bitcoins. Bitcoins have a certain material value. Theft in Russia is recognized as the secret theft of another's property. I see no reason to refuse the claim to the victims. This is contrived by the court.

[figmentofmyass]

According to Roman classical law, which is also used in Russia in order to have ownership of any thing, a person must have the right to own (the presence of this thing), the right to use (the ability to derive any benefit from it) and the right to dispose (sell, exchange, give and so on). The victims had these rights before the theft of bitcoins. Bitcoins have a certain material value. Theft in Russia is recognized as the secret theft of another's property. I see no reason to refuse the claim to the victims. This is contrived by the court.

it's not as bad as it sounds. the criminal court apparently doesn't have the authority to quantify the monetary damages for the stolen bitcoins, so they excluded their value from the scope of the criminal charges.

the matter of the stolen bitcoin will therefore be decided by the civil courts instead.

now, if the civil court decides there are no monetary damages, that would be upsetting.

[stomachgrowls]

Sometimes, human legalities are devoid of common sense.

I've read this news a few days ago and the recent Chinese case which is somehow similar to this one came to mind. There was a legal battle over whether or not Bitcoin is an asset under the Chinese law. If it is, then it is protected by law. If it isn't, then all hell breaks loose.

The only difference is that the Chinese case ended up in favor of Bitcoin as an asset while this one does not seem to favor Bitcoin as a property.

My point, however, is simply that if something owned by someone is stolen or robbed by another then, by all means, it is illegal and should therefore be returned to its owner, regardless if that particular thing is legally classified as an asset or not.

In fact the reality but we cant do anything if they do set out those kind of rules into their fucking heads which would be the absolute rule to be followed in the end of the day.

It do indeed devoid of common sense but since this rule or law had been set out then it should be strictly followed which is really very upsetting.

Something thats being possessed nor owned by someone should really be having that reconsideration that it should really be returned.