3D·

Stealing crypto: is not punishable by law.

For all the $BTC (-0,3 %) -fans and crypto investors :

Software wallets : Not your wallet - not your money.

Seems to be more likely to be true.

Money that is stored on some server, which in turn has to be physically administered by someone .....🙄

https://www.heise.de/news/Oberlandesgericht-Virtuelle-Entwendung-von-Kryptowerten-bleibt-straflos-10484771.html?wt_mc=sm.red.ho.mastodon.mastodon.md_beitraege.md_beitraege

www.heise.deAdmin entwendet Kryptowährung in Millionenwert und bleibt vor Gericht straflos

21 Comentarios

Stefan21@stefan_21

Now we just have to find out where @DonkeyInvestor has its seed phrase hat🕵‍♂️

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TotallyLost@TotallyLost

@stefan_21 tattooed on the left ass cheek, but so that it is covered by the right one... have fun with the pictures in your head 😘

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Pope Donkey XXI@DonkeyInvestor

@TotallyLost like with Tenacious D

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Pope Donkey XXI@DonkeyInvestor

@stefan_21 every word is in a different country

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Gomerdoc@Gomerdoc

@TotallyLost OLD ! Now I finally know what the character "Dickie" in Samuel Shem's legendary classic "The House of God" (the one and only reading for every young doctor, that's exactly how the game works!) invented and marketed the ANALSPIEGEL for! (Can I sue you now for these images in my head? I feel sick..... 🤪)

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TotallyLost@TotallyLost

@Gomerdoc you can sue anyone, the question is whether a court will allow the lawsuit. 😅

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Gomerdoc@Gomerdoc

@TotallyLost I'm a mental wreck, all I can think about is greasy ass cheeks..... No, STOP: That's the end of it . Pull yourself together, gomerdoc! 😁

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Stefan21@stefan_21

@DonkeyInvestor I hope Iceland is included... I've always wanted to go there😆

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Pope Donkey XXI@DonkeyInvestor

@stefan_21 there are even 2 words

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Leon@Investingyoung

@stefan_21 but in a legal way otherwise it is punishable by law

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Jens@flush_hatch

@stefan_21 Stubborn furry donkey calls loudly at moon

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Thom@Depot_7777

You don't get justice in court, you get a judgment.

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Philippe@FeelTrade

Here is the translation of the article... Thanks to you @Gomerdoc

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Philippe@FeelTrade

'Virtual subtraction' of cryptocurrencies goes unpunished
📌 Background
The Braunschweig Higher Regional Court (OLG Braunschweig) has ruled that the transfer of cryptocurrencies from one digital wallet to another without authorization, although carried out fraudulently, is not punishable under current German criminal law.

💻 The case
A system administrator had set up a digital wallet for a third party (the victim). When setting up the wallet, he retained the 24-word seed phrase. He then secretly transferred around 2.5 million euros in cryptocurrencies to his own wallets.

⚖️ Legal reasoning
The court considered several possible offenses, but rejected each:

❌ Theft (§ 242 German Criminal Code)
Reasoning: cryptocurrencies are not "things" in the traditional legal sense.

Consequence: theft cannot be upheld, as tangible property must be taken away.

❌ Computer fraud (§ 263a)
Reasoning: there was no deception or illegal interference in a computer system.

The use of the access key (seed phrase) does not constitute unlawful manipulation.

❌ Data espionage (§ 202a)
Reasoning: he had legal access to the recovery phrase, so he did not circumvent any protective measures.

❌ Data tampering (§ 303a)
Reasoning: transactions on the blockchain are not directly altered by the author, but executed according to the rules of the network.

📎 Court's conclusion
Although this behavior is highly reprehensible, there is no clear criminal basis for punishing it in Germany today.

The injured party can, however, take civil action (e.g., claim restitution or damages), but no criminal prosecution is possible with current legislation.

🧭 Consequences and debates
Many legal experts consider this loophole to be a serious flaw in digital criminal law.

Some are calling for legislative reform to include digital assets in the legal definition of property.

The case shows that the law is not yet adapted to the realities of cryptocurrencies.

If you like, I can also offer you a simplified summary, a comparative legal analysis with French law, or a model civil complaint in such a case. Let me know what interests you!

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Carsten@Carsten1970

Without having read the written justification, this has so far been a free pass for hackers and fraudsters.

Carsten

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Stefan21@stefan_21

@Carsten1970 pretty much, yeah...

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Carsten@Carsten1970

@stefan_21 I don't have much $BTC but my seed is safer than a nuclear waste repository. :-)

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Gomerdoc@Gomerdoc

@Carsten1970 Provided you have the Bitcoin file physically in front of you on an offline medium. Otherwise: No one can guarantee that the data is really securely encrypted, where it is located, who can view it.....: The ONLINE customer only thinks so. And he can also rely on it. But to be sure......

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Gomerdoc@Gomerdoc

@Carsten1970 I'm not a lawyer either. But Heise is generally a very valid and reputable source. I also find such a judgment somehow unworldly.

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Carsten@Carsten1970

@Gomerdoc That's exactly why my seed isn't somewhere digital. But physically in a book. :-)
And there is also the 25th word. Many people forget that.

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Jens@flush_hatch

Jesus christ. You would think in these days of limitless information, people would know by now to store their crypto on cold storage.

Im nearly 50 and EVEN I KNOW.

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