The Supreme Court of the Russian Federation has officially recognized cryptocurrency as an object of theft: a new stage of legal regulation
On June 16, the Plenum of the Supreme Court of the Russian Federation unanimously approved important amendments to a 2002 ruling concerning judicial practice in cases of theft, robbery, and armed robbery. The key innovation is the expansion of the list of items subject to theft to include digital rubles, digital rights, and digital currency. This decision marks a significant step in adapting Russian criminal legislation to the realities of the digital economy.
Particular attention should be paid to the clarification of the moment when the theft of non-cash funds is considered complete. Now, the crime is deemed completed not from the moment of gaining control over the funds, but from the moment they are actually debited from the victim's account. This interpretation significantly simplifies the classification of cybercrimes and increases the effectiveness of investigations.
When considering cases of theft from a bank account or of electronic funds, courts are required to recognize exclusively non-cash funds in accounts or electronic money as the object of the crime. If funds of a single victim are stolen through several successive debits, but the actions are united by a single intent, this should be classified as one continuing crime. This rule helps avoid the artificial fragmentation of a single criminal episode into many minor ones.
The statistics are striking: annually in Russia, more than 26,000 people are convicted for theft from a bank account or involving electronic funds. This underscores the scale of the problem and the need for clear legal guidelines.
It is important to note that this ruling is not the first precedent. As early as June 2023, the Supreme Court recognized the conversion of bitcoins into rubles as money laundering, and in May 2024, it mandated the verification of cryptocurrency wallet ownership when considering cases. Thus, we are witnessing the consistent formation of a legal framework where cryptocurrency ceases to be a "gray area" and receives a clear legal status.
Expert opinion: Recognizing cryptocurrency as an object of theft is a logical and long-awaited step. However, this is just the tip of the iceberg. Ahead lie complex issues related to the cross-border nature of digital assets, decentralized exchanges, and wallet anonymity. The Russian judicial system is only beginning to navigate this new reality, and the initial decisions are laying the foundation for future practice.