Mining and Extraction of Digital Currency from the Perspective of Iranian Criminal Law

Abstract

Digital currency is an important issue that has different legal dimensions and is the subject of debate and disagreement from various legal perspectives. One of the legal issues of digital currency is the extraction and mining of this type of currency, which has received less attention and requires discussion and examination. Accordingly, the purpose of this article is to examine the criminal law approach to mining (extraction) of digital currency. This article is descriptive and analytical and uses a library method to examine the mentioned issue. The findings indicate that mining and extraction of digital currency also has a thematic difference with the possession of permissive property because the rules of possession do not match the operation of mining digital currency. Mining of cryptocurrency is also different from a gift contract, and this difference is due to the conditions that are due and payable. Perhaps mining and extraction of digital currency can be considered as in accordance with the law. Mining and activities related to digital currencies, especially Bitcoin, are not prohibited by law in Iran, but must be carried out with an official license from the Mining Industry and Trade Organization. In mining without a license, the crime of smuggling and illegal import of a miner (cryptocurrency mining device), possession of a smuggled miner device, the crime of unauthorized purchase, transportation and storage of a miner device (cryptocurrency mining device), the crime of unauthorized use of electricity, the crime of harming public health and the environment through illegal mining of cryptocurrency, and the crime of harming public facilities and equipment are among the most important criminal and illegal titles related to mining of digital currencies.