| Abstract [eng] |
The Master‘s thesis analyses cryptocurrency in the context of Article 178 of the Criminal Code of the Republic of Lithuania. The first part of the papr is devoted to the concept of cryptocurrency, by analysing its definition, types and its inque features. Cryptocurrencies are defined in the most general sense by national and supranational legislation as an digital representation of not issued by a central authority, not backed by any national authority, which does not have a clear legal status, but which can be recognised by the participants in civil legal relations as both an object of legal relations and a legitimate means of payment for goods and services. Each cryptocurrency definitions analysed revealed the consistency of characteristics. From a historical point of view, the concept of cryptocurrency has been added to over the years since its inception. The elements that make up the content of the definition have helped to highlight the unique characteristics of cryptocurrency as a twenty-first century phenomenon. The second part of the thesis examines cryptocurrency in the context of the criminal offence - theft of property. In the absence of a clear legal status or legal preconditions, practice shows that the theft of cryptocurrencies has increased about 14 in the last 5 years. In the Republic of Lithuania, as in other foreign countries, attempts are being made to combat cryptocurrency theft by means of available criminal law and other legal instruments. The nature of cybercrime has shown that the existing mechanism of protection of property rights, which is essentially aimed at means of possesion, can also be applied to cryptocurrency. European Union is dedicated to integrate the cryptocurrency market into the traditional financial system. As every new aspect it may also provide unprecedented challenges for law enforcement authorities in their fight against cyber criminals through criminal law. For this reason, one of the proposals of the thesis was to criminalise theft of the cryptocurrency as an independent offence in the Criminal Code of the Republic of Lithuania. |
