Criminal Liability for Offences Committed Using Cryptocurrencies

Introduction: The article explores the criminal-law dimensions of offences perpetrated with the use of cryptocurrencies against the backdrop of their uncertain legal status in Russian legislation. It analyses issues in classifying hybrid offences (theft, extortion, money-laundering), the procedural difficulties of seizing and confiscating digital assets, and the criminogenic characteristics of cryptocurrencies, including their use in drug trafficking, terrorism and corruption schemes. Drawing on judicial practice, international experience (Kazakhstan, China) and the technological specifics of blockchain platforms, the author identifies systemic contradictions in law enforcement. Materials and Methods: The research are based on scholarly works, the legislation of the Russian Federation, the People’s Republic of China and the Republic of Kazakhstan, plenary resolutions of the Supreme Court of the Russian Federation, court decisions from 2018 to 2024, FATF international standards, as well as departmental and corporate analytical reports. Methodologically, it employs the dialectical approach, formal-legal and systems-structural analysis, comparative-legal and historical-legal methods, and statistical data-processing techniques. The results of the study: The criminogenic properties of cryptocurrencies – cross-border nature, pseudo-anonymity and DeFi mechanisms – were analysed, revealing key enforcement challenges: ambiguity in recognising crypto-assets as “other property”, conflicts in qualifying hybrid offences (theft / fraud / unlawful access to computer information), gaps in seizure and confiscation mechanisms, and valuation difficulties. A comparative review of foreign practice highlighted effective aspects of a flexible model (Kazakhstan) versus a prohibitionist regime (China). Findings and Conclusions: The analysis underscores the need for clear statutory recognition of cryptocurrency as an object of proprietary rights, detailed regulation of offences involving crypto-assets, procedural tools for key escrow and smart-contract-level freezing of funds, and the integration of blockchain analytics into investigative practice. A comprehensive overhaul of criminal and criminal-procedural regulation is deemed essential for strengthening the fight against cyber- and crypto-enabled crime.