Cryptocurrency as an Object of Fraud: Legal Nature and Theoretical Issues of Proving the Corpus Delicti under Article 159 of the Criminal Code of the Russian Federation

This research is devoted to the analysis of the corpus delicti of fraud (Article 159 of the Criminal Code of the Russian Federation) committed using cryptocurrencies. The authors note the high prevalence of fraud in the overall crime structure (22–23% of all crimes) and the growth of offenses involving information technologies, including cryptocurrencies. Factors contributing to this trend are identified: the criminal adaptation of new technologies for money laundering, the imperfect legal regulation of digital currencies, and the lack of a systematic approach to prevention. The paper examines in detail the elements of the crime (object, subject, objective and subjective sides) considering the specific characteristics of cryptocurrency circulation. Special attention is paid to the clarifications of the Constitutional Court of the Russian Federation (Resolution No. 2-P of January 20, 2026), which recognized cryptocurrency as property subject to criminal law protection. The key criterion for distinguishing fraud from theft, according to the authors, is the presence of interaction with the victim based on deception or abuse of trust, leading to the voluntary transfer of cryptocurrency or access keys. An analysis of judicial practice (Case No. 1-480/2025) is provided. The conclusion emphasizes the need for a comprehensive approach to qualifying such crimes, taking into account the technological features of blockchain and the legal positions of higher judicial authorities.

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