Source: Lawyer Liu Honglin

0 1 Always believe in the people’s police

Since ancient times, true love cannot be retained, only routines can win people’s hearts.

Although this is a joke, sometimes the truth is often said in a casual joke. In the currency circle, there are naturally more and more routines, such as the most representative OTC transaction, and the risks involved are everywhere in the eyes of me, a practicing lawyer. There is no record of the transaction, and the evidence cannot be saved; we don’t know who the counterparty is, and if there is a problem, we can’t even find the real person; or if we accidentally receive a black U or black money, it will be even more troublesome. His bank card was frozen, which not only failed to complete U's transactions, but also affected his own life.

And now the country’s attitude toward virtual currencies is becoming more stringent. According to incomplete statistics, the central bank has taken the lead in issuing four regulatory policy documents on virtual currencies. Each document issued has a certain impact on virtual currencies. It is a big shock to the currency circle. Since the attitude towards virtual currencies at the highest level is this, there is also some convergence in the civil judgments of the courts related to virtual currencies. This time we are mainly talking about criminal matters.

Before getting down to business, please allow me to make a complaint. As everyone knows, our Mankiw is "probably" China's first law firm focusing on blockchain. After the name was announced, there were many people who were deceived and stolen while wandering in the ocean of the currency circle. Ask us what we should do. But in the process of chatting with clients, I found that some people didn't believe in the law at all. Words like cops and robbers just got married and they stopped doing anything, etc., just blurted out from their mouths. In fact, what I want to say is that since you have come to consult a lawyer, you must still believe that the law can give you justice, otherwise you cannot think of consulting a lawyer. When the lawyer gives you legal advice and how to deal with it, don’t treat the lawyer with the attitude that you have been wandering in the currency circle for so long and have seen so many things. If you are really smart, you can understand everything. How can you still be deceived?

02 The way to call the police is very particular

Back to the topic, what should we do if we are cheated when buying U?

The first reaction must be to call the police. However, many of the customers we have contacted said that they would not file a case if they reported it to the police because virtual currencies are not protected by the state. When this problem arises, we will definitely ask the customer: Did you report the crime orally or in writing? One hundred percent of clients reported the crime verbally.

Did you see it? Now that we have found the root cause of the police's refusal to accept the case, let me analyze it carefully for you.

Logically speaking, as long as you go to the police station and the Public Security Bureau to report a crime, the police will issue a receipt of the report and a notice of acceptance. But why is it gone when it comes to you? Because you have no trace of reporting the crime. . Sohow can we leave traces of reporting a crime? Write a report and organize evidence materials.

If you don’t know how to write a crime report, come to me as a lawyer. Once you have the report, you can confidently and straightly ask for the receipt of the report and the notice of acceptance from the public security organ. Under normal circumstances, as long as the police issue the above two legal documents, they will follow the procedures to conduct a series of procedures such as case filing, investigation, and suspect arrest. For those of us who have been deceived, even if we don’t get a refund from the suspect in the end, at least we let him in and stay, which can be regarded as a small solace to our souls.

The above is a way to force the police to issue legal documents to us and accept the case by making a written report and leaving traces. If the police accepted the report from the client as mentioned above, whether it was an oral or written report, the police would have issued corresponding legal documents for us. However, after a period of time, we received a notice from the police not to register the case. In other words, the police gave you a formal legal document through formal means and formally told you that we don’t care about your case. Then the police are so formal, what should we do? We can't act like a gangster with the police. If you don't file a case, I won't leave. It's easy to cause quarrels and cause trouble.

03 What to do if the police do not file a case

Don’t be afraid. The law also leaves us with formal remedies. We can apply to the public security organs for reconsideration and review, or we can apply to the procuratorate for case filing and supervision.

First of all, we must remember that Whether you are applying for reconsideration, review or case filing supervision, you must apply in writing. Some readers may ask, why is it called both reconsideration and review when the same application is made to the public security organ? Then we should look at what the law stipulates. Article 179 of the "Procedural Regulations for the Handling of Criminal Cases by Public Security Organs" stipulates:

• < p>If the accuser is dissatisfied with the decision not to file a case, he may apply for reconsideration to the public security organ that made the decision within seven days after receiving the notice of not filing the case; the public security organ shall make a decision within thirty days after receiving the reconsideration application, and Serve the decision on the complainant.

• If the accuser is dissatisfied with the reconsideration decision not to file the case, he may apply for review to the higher-level public security agency within seven days after receiving the reconsideration decision; the higher-level public security agency shall A decision will be made within thirty days after receiving the review application. If the higher-level public security organ revokes the decision not to file a case, the lower-level public security organ shall implement it.

After reading the legal provisions, do you know the difference between reconsideration and review? But here I want to say that when the public security organ makes a decision not to file a case, the legal department of the public security organ will be involved, and our reconsideration application is also reviewed by the legal department, so we should know most of the reconsideration results. What will be the result? Therefore, if we conduct a reconsideration and review process, we can only hope that there will be changes when the higher-level public security agency conducts a review.

However, according to my professional experience, it is really difficult to expect the public security organs to change this result. Therefore, under normal circumstances, I skip the legal procedures of applying for reconsideration and review for my clients and go directly to the procuratorate to apply for case filing supervision, because after all, the prosecutors in the procuratorate are all people who have passed the judicial examination. , have a higher understanding of the law than ordinary police officers, and the police may be busier. It is difficult to contact the police officer, but it is much more convenient to contact the prosecutor than the police officer. The prosecutor will have more It’s time to listen to the opinions of the parties and lawyers. If our application has sufficient grounds and complies with legal provisions, the procuratorate will request the public security agency to make a new decision.

After we call the police, whether we apply for reconsideration or the procuratorate’s case filing and supervision, these are remedial measures after the public security organ makes a decision not to file the case. If we want to pursue a good case filing result, the best way is to do enough homework in advance, write a good report, fully explain the factual and legal reasons that the public security organs should give us to file the case, and then sort out the evidence materials we have on hand. This allows the police to have a first-hand understanding of our case when receiving a report.

04 Mankiw Lawyer Summary

So, buy After U was deceived, the police did not call the police. Let us look for the reason more from ourselves. Is it possible that we did not prepare well before reporting the crime, so that the police could easily find a reason to push our report away instead of reporting the crime? After the police refused to accept the case, they simply came to the crude conclusion that "cops and robbers are all members of the same family."