Volume 20 No 13 (2022)
Download PDF
Criminal Risks of Virtual Currencies: New Challenges for Criminal Law
Katherine Elizabeth Sandoval Escobar, Pablo Alberto Almeida Narváez, Carla Paulina Sandoval Escobar
Abstract
Virtual currency has become a new form of payment accepted worldwide and allows users to make
payments directly, without resorting to third-party institutions and while maintaining anonymity. As a
result, digital currencies are increasingly being used by criminals. Some have already started to use
cryptocurrency for their illegal activities: buying and selling drugs, arms trafficking, illegal immigration
transactions and other illicit acts. The illicit circulation of cryptocurrencies has created a complex legal
situation that poses significant challenges for criminal law. On the one hand, the growing threat of crime
is associated with digital currencies and the increasing need to regulate their circulation. Compliance
requirements will be analyzed to ensure that cryptocurrency transactions are not facilitated by financial
institutions, thereby increasing the potential for prosecution by the authorities. To prevent money
laundering schemes and other illegal activities, regulation needs to be comprehensive and put in place to
ensure that all reporting entities identify suspicious transactions involving cryptocurrencies. Law
enforcement agencies have difficulty combating cryptocurrency-related crimes because they do not have
a general power to freeze the accounts or assets of Internet users without a court order. This difficult
situation requires individual states to formulate their laws to prevent money laundering and terrorist
financing through cryptocurrencies and more effectively fight cybercrime.
Keywords
criminal law, virtual currency, cryptography, financial transaction.
Copyright
Copyright © Neuroquantology
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Articles published in the Neuroquantology are available under Creative Commons Attribution Non-Commercial No Derivatives Licence (CC BY-NC-ND 4.0). Authors retain copyright in their work and grant IJECSE right of first publication under CC BY-NC-ND 4.0. Users have the right to read, download, copy, distribute, print, search, or link to the full texts of articles in this journal, and to use them for any other lawful purpose.