The Supreme Court of the Russian Federation has officially equated cryptocurrency to property: new risks for digital asset holders
A landmark event for the Russian crypto space: on June 16, the Plenum of the Supreme Court of the Russian Federation unanimously approved amendments to a 2002 ruling regulating judicial practice in cases of theft, robbery, and armed robbery. From now on, the list of items subject to theft officially includes digital rubles, digital rights, and, most importantly, digital currency — that is, cryptocurrencies.
This decision fundamentally changes the legal status of digital assets in Russia. Previously, cryptocurrency was in a "gray zone": it was not prohibited, but it was not protected as property either. Now, the Supreme Court has made it clear: Bitcoin, Ether, and other tokens are material assets, and their theft will be classified under articles of the Criminal Code on par with the theft of cash or non-cash funds.
Key Details of the Ruling
Particular attention should be paid to the clarification regarding the moment when the theft of non-cash funds is considered complete. The court ruled that the crime is deemed completed from the moment the money is debited from the victim's account. This is an important nuance for law enforcement practice: if previously there were disputes about whether the theft was completed at the moment of gaining access or the actual withdrawal of funds, the matter is now settled.
Furthermore, the Supreme Court instructed that when classifying thefts from bank accounts or electronic money, the subject of the crime should be recognized exclusively as non-cash funds in accounts or electronic money. This eliminates attempts at broad interpretation and protects defendants from unjustified aggravation of charges.
Another important aspect: if a single victim's money is stolen through several successive debits, but the actions are united by a single intent, this should be considered one continuing crime. This interpretation could significantly affect statutes of limitations and the severity of punishment.
Context and Statistics
According to judicial statistics, more than 26,000 people are convicted annually in Russia for theft from a bank account or involving electronic money. The inclusion of cryptocurrency in this list will obviously lead to an increase in the number of cases related to digital assets.
Let me remind you that this is not the first precedent: in June 2023, the Supreme Court already recognized the conversion of Bitcoins into rubles as money laundering, and in May 2024, it mandated checking the ownership of crypto wallets when considering cases. The current decision is a logical continuation of the course towards integrating cryptocurrencies into the Russian legal framework, but with a clear emphasis on control and punishment.
My Analysis
As an analyst, I see a dual effect in this decision. On the one hand, cryptocurrency holders can now feel more protected: if someone steals their Bitcoins, the victim will have a legal tool to initiate a criminal case. On the other hand, it opens the door for stricter prosecution of digital asset owners, especially in the context of recent laws on declaring cryptocurrencies. I advise all market participants to closely monitor further practice — we are on the threshold of a new era of regulation, where cryptocurrency ceases to be a "no man's land" and becomes a full-fledged, but highly controlled, asset.