Mining and extraction of digital currency from the perspective of Iranian jurisprudence and criminal law
Subject Areas : Economic jurisprudence and BankingMazaher Khajvand 1 , Sheragim Sheikholeslami 2
1 - Department of Law, Islamic Azad University, Nowshahr Branch, Nowshahr, Iran. (Corresponding author)
2 - Department of Law, Chalous Branch, Islamic Azad University, Chalous, Iran.
Keywords: Mining, extraction, digital currency, electricity, public property,
Abstract :
Digital currency is an important topic that has various legal dimensions and is the subject of discussion and disagreement from various legal aspects. One of the legal topics of digital currency is the extraction and mining of this type of currency, which is less considered and requires discussion and review. Accordingly, the purpose of this article is to examine the criminal law approach to mining digital currency. This article is descriptive and analytical and uses a library method to examine the mentioned issue. The findings indicate that mining and mining digital currency is also different from the possession of permissive rights because the rules of possession do not match the operation of mining digital currency. Mining cryptocurrency is also different from a gift contract, and this difference is due to the conditions that are caused and can be collected. Perhaps mining and mining digital currency can be considered as in accordance with the law. Mining and activities related to digital currencies, especially Bitcoin, are not legally prohibited in Iran, but must be carried out with an official license from the Mining Industry and Trade Organization. In unlicensed mining, the crime of smuggling and illegal import of miners (cryptocurrency mining devices), possession of smuggled mining devices, the crime of unauthorized purchase, transportation, and storage of mining devices (cryptocurrency mining devices), the crime of unauthorized use of electricity, the crime of harming public health and the environment through illegal mining of crypto currencies, and the crime of harming public facilities and equipment are among the most important criminal and illegal titles surrounding the mining of digital currencies..
