A German appeal court ruled that using the knowledge wallet pass to move cryptocurrency with permission cannot violate criminal law.
Decision
German legal flaws allowed Crypto thief to be freed
A man helped someone (complainant), who installs a crypto wallet to keep € 2.5 million worthy of some tokens.
The thief made a wallet and maintained the 24-war recovery phrase. Unfortunately, the victim never changed that recovery phrase.
Later, without the authority, they transferred all coins to steal and use the correct recovery phrase powerfully. Defendant was not authorized to move coins and made false statements.
High Regional Court of Braunschweig concluded that defendants The wall did not “hack”Since they have used passwords, they have settled and maintained legitimately.
Therefore, does not meet the need for action “A particular access to control security” As defined under the Criminal Code of Germany.
In addition, the court ruled that no demonstrations were involved, dismissing the allegations of computer fraud.
Blockchain system, court said, do not assess User full or permissionThis confirms only a valid cryptographic signature presented. The court also rejected the data tampering climb.
This means that as long as someone has a valid pass or recovery phrase – how they get trades about how they get it – to transfer property Can not be counted as a crimeAt least under the current German law.
The ruling effectively removes criminal liabilities for the tasks that will otherwise be seen as theft in traditional finance. This highlights the struggle of the legal system to adapt to the technical structure of decentralized assets.
The court mentioned that the conduct may look at the civil responsibility, Contract violations, or broken trusts, do not qualify automatically as criminal offenses,
However, the ruling is not that all crypto is legal. If the transaction was obtained through fraud or hacking, specific fees may apply. But the case was focused on non-technical access using pre-maximum, known credentials.
For now, the decision expands a gray field that is to add German MPs.
Post Crypto theft may not be a crime under the current German law, first appeared on Beincrypto.
