一场事先张扬的比特币抢劫案

深潮Published on 2025-07-02Last updated on 2025-07-02

在现行法律框架下,比特币等加密资产虽然不具货币属性,却具备显著的财产价值。

撰文:刘正要

引言

近年来,随着区块链技术的发展,以比特币(BTC)、以太币(ETH)、泰达币(USDT)等加密货币被越来越多的人熟知。这类资产虽表现为「代码」「数据」,但其所蕴含的价值、可转让性和独占性,使其天然具有财产属性。在中国,根据 2017 年的 「9.4 公告」,2021 的「9.24 通知」等规定,明确禁止虚拟货币作为法币进行流通、使用;同时也明确禁止炒作虚拟货币。但在司法实践中,虚拟货币作为「特定虚拟商品」或「数据型财产」已获得广泛认可。

在刑事司法领域,虚拟货币成为犯罪对象及犯罪工具的案件逐年上升,最常见的是诈骗、盗窃和计算机等类型犯罪。但直接以暴力或胁迫手段试图获取虚拟货币的「抢劫类案件」并不常见(涉币的勒索犯罪相对较多)。因此,2021 年江西宜春赖某、向某抢劫比特币案((2022)赣 09 刑终 9 号),因其情节特殊、定性复杂、争议性强,成为司法实践中的一个典型样本,也对加密资产在刑事案件中如何定性、量刑提供了很好的参考作用。

一、案情介绍:从「贴吧揽人」到酒店被捕,一场夭折的比特币抢劫计划

根据法院裁判文书披露的信息,案件源于赖某的炒币亏损。2021 年 5 月,赖某得知彭老师至少持有 5 个比特币(当时单价约 25.5 万元人民币),便萌生通过抢劫方式「搞几个币」的念头。因担心独自作案控制不住对方,赖某选择在百度贴吧发布帖文,广招天下「英雄」共图大计。

向某看到信息后主动联系赖某,两人通过「蝙蝠」聊天软件私聊,赖某详细告知其抢劫计划,并承诺成功后分其 0.8 个比特币。向某随即从长沙乘高铁赴宜春,与赖某会面并入住酒店。两人在房间内制定详细方案,计划至少召集 4 人,由赖某以「投资」为由约彭老师到偏僻地带,由一人驾车接送,其余三人用尼龙扎带控制住彭老师及其同行者,然后索要比特币账户和密码。

为准备实施抢劫,赖某甚至在酒店附近捡回 7 根尼龙扎带。他还不断联系有抢劫意向的网友「魔方」「混江龙霸天虎」「水蜜桃」等,试图召集足够人数实施犯罪。然而,还未等同伙到齐,警方已根据线索锁定位置,于 5 月 11 日下午将两人当场抓获,犯罪计划尚未开始实施即告终止。

一审法院认定两人构成抢劫罪,分别判处赖某三年、向某一年有期徒刑,并处罚金。但二人不服上诉。二审法院认为本案属抢劫预备阶段,未造成实际财产损失,也未对比特币价值作出合理认定,因此改判赖某为一年六个月,向某为九个月,刑期明显缩短。

二、抢劫比特币,构成抢劫罪吗?

本案中一个重要争议点是:抢劫比特币究竟能否构成《刑法》意义上的「抢劫罪」?

法院生效判决明确给出了答案——构成。

《刑法》中的抢劫罪是指以暴力、胁迫等手段抢夺公私财物的行为。虽然比特币本质上是一串依托区块链技术的加密数据,但由于其具备交换性、可转让性及现实市场价值,符合「广义财物」的三大特征:管理可能性、转移可能性、价值性。

宜春中院(即二审法院)引用了 2013 年央行等部门的《关于防范比特币风险的通知》,认为比特币为「特定的虚拟商品」,虽不具备货币地位,但仍属于应受法律保护的「数据型财产」。因此,抢劫比特币并不因其形式是数据而丧失财产犯罪构成要件,其侵害的对象仍为他人财产利益,与传统抢劫现金或手机并无本质区别。

本案中赖某等人虽然并没有着手实施抢劫行为,但其行为属于犯罪预备,因两名被告人已准备扎带、详细制定抢劫计划,构成《刑法》中的抢劫罪的预备犯。结合最高人民法院《关于审理抢劫案件适用法律若干问题的指导意见》等规定,法院最终认定其行为构成抢劫罪,但减轻处罚。

三、涉虚拟货币犯罪的量刑规则:关键在于「财产价值」的认定

抢劫罪量刑,除了行为方式,还需考虑「抢劫数额」的大小,而抢劫加密资产如何估值,正是司法实务中的难点之一。

一审法院以比特币在案发时的即时市场价格(约 25.5 万元 / 枚)为依据,认为两人意图抢劫至少一枚币,因此属「数额特别巨大」,进而从重判刑。但二审法院认为:其一,本案并未进入「实行阶段」,未能实际获取财物;其二,比特币在国内并无合法交易市场,价格认定缺乏明确标准;其三,抢劫罪的定罪应以「实际抢得数额」为依据,预谋抢劫阶段尚无法准确界定价值。

二审法院指出,对于虚拟货币等加密资产的价值应当遵循「损失填平」原则,即:以被害人实际损失为核心依据,主要参考以下几个因素:

(一)被害人购买价格:优先适用,最能真实反映其损失。

(二)案发时交易平台价格:如无购买记录,可参考侵害时国外平台即时价格。

(三)销赃价格:若有,亦可作为辅助依据。

同时,法院强调,我国虽不承认比特币作为货币地位,但也未禁止私人持有与转让。因此,被害人对虚拟资产的持有是合法的,其损失应依法予以保护。

最终,二审法院决定不以抢劫「数额巨大」加重处罚,而是结合抢劫预备阶段的危害性、手段和现实风险,对两名被告人作出相对从轻的判决,从一定程度上也展现了在新型财产犯罪案件中司法机关的理性与审慎。

四、结语:加密资产法律保护的未来图景

本案的裁判不仅对涉虚拟货币抢劫案件提供了范例式指导,也释放出一个清晰的信号:虚拟货币的财产属性,已经被中国刑法实务广泛认可。

在现行法律框架下,比特币等加密资产虽然不具货币属性,却具备显著的财产价值。无论是通过诈骗、盗窃、非法控制计算机系统,还是敲诈勒索、暴力抢劫,只要行为人以非法占有为目的实施侵害行为,其行为都将以财产类犯罪论处。

随着数字经济发展日益深入,涉加密资产的刑事案件将愈发多样化,司法机关将面临更多新类型、新争议的挑战。未来法律应进一步明确虚拟货币的法律属性、市场估值标准以及数据与财产的界限划分,建立更加统一、稳定的司法裁判规则。当然,web3 律师也需要更加专业的学习除法律以外的加密知识,方能更好地为自己的客户服务。

可以预见的是,加密资产将越来越多地获得法律的认可和保护,而任何侵犯其持有人合法权益的行为,也将依法受到严厉追究。

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