SPECIFIC FEATURES OF THE SUBJECT OF CRIMINAL OFFENSES IN THE SPHERE OF CRYPTO-ASSETS TURNOVER AND MINING

Abstract

This article investigates the specific legal and criminological features of the subject of criminal offenses committed in the sphere of crypto-assets turnover and illegal mining. The classical concept of a general subject, the specialized digital/professional subject concept, and the theory of corporate criminal liability within criminal law doctrine are comparatively examined alongside the introduction of the author's proposals. A critical assessment is applied to the concepts of an “electronic person” and autonomous algorithmic liability advanced by foreign scholars and international standard-setting bodies, establishing the author's theory of “Human Will Behind Crypto-Code.” As a result of the study, criteria for determining specialized subjectivity in the blockchain space via digital privilege levels (Digital Privilege Levels) are developed. Based on cases from judicial and investigative practices, the author justifies a system of a mandatory digital chain of evidence (IP/2FA/biometrics) for the definitive identification of a natural person and presents a proposal to Article 17 of the Criminal Code to lower the age of criminal liability to 14 years for these offenses.