Features of conducting certain investigative (search) actions during the investigation of criminal offenses related to the use of cryptocurrency
Year: 2025
Type: article
Abstract: The examination, search, interrogation, and involvement of an expert in criminal proceedings on illegal actions with cryptocurrency are studied. The necessity of the investigator to have knowledge of the essence and mechanism of circulation of various types of virtual assets is noted, which is one of the conditions for a successful pre-trial investigation. The necessity of involving a specialist in the investigation of criminal offenses related to the use of crypto-assets is emphasized. Such specialists include: specialists in the field of information technology, persons who have been trained in the field of cryptocurrency and blockchain, narrow-profile employees of the National Agency of Ukraine for the Identification, Search, and Management of Assets Obtained from Corruption and Other Crimes, the State Financial Monitoring, employees of the Cyber Police Department of the National Police, and some others. The main purpose of the inspection in criminal proceedings on illegal actions with cryptocurrency is to identify, analyze and record computer data on various electronic devices that reflect the transactions performed with virtual assets. The features of the search during the investigation of criminal offenses related to the use of cryptocurrency are the presence of appropriate procedural grounds for conducting an investigative (search) action, in particular, the decision of the Supreme Anti-Corruption Court in certain cases, recording the process of the entire action by photo and video recording, technical measures for access to the crypto wallet of the person being searched, ensuring the secrecy of recording and storing access passwords to electronic wallets with available funds - the subject of a criminal offense. A typical investigative (search) action is the interrogation of the victim and the suspect. It has been established that the interrogation is aimed at detailing and clarifying data on the type of cryptocurrency, transactions performed with it, features of storing passwords, codes, seed phrases for accessing the crypto wallet. It was found that a common forensic examination in criminal proceedings on illegal actions is computer-technical. If necessary, its combination with special economic and technical knowledge can be assigned a comprehensive examination of digital assets based on blockchain technology. The features of drawing up protocols of investigative (search) actions and annexes to them, and expert certificates are considered.
Authors: K. O. Yusupova, R. P. Marchuk, V. V. Yusupov
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4416210686