Theft of Digital Currency: How the Supreme Court of the Russian Federation Clarified the Approach to Crypto Asset Theft

Dear partners and clients,

The Plenum of the Supreme Court of the Russian Federation has clarified that digital currency, digital rubles, and digital rights may constitute the subject matter of theft. In this article, we explain how such crimes are now classified, when they are considered completed, and what to do if cryptocurrency is stolen.

On June 16, 2026, the Plenum of the Supreme Court of the Russian Federation amended Resolution No. 29 of December 27, 2002, "On Judicial Practice in Cases of Theft, Robbery, and Armed Robbery." In particular, a new paragraph 1.1 was added, expressly stating that the subject matter of theft includes not only tangible property, cash, and certificated securities, but also other forms of property: non-cash funds, including digital rubles, uncertificated securities, digital rights, and digital currency.

This is an important development for everyone working with crypto assets. The legal classification of such cases has become significantly more certain, and the question of whether digital currency can be considered an object of theft has now received a direct answer at the level of the Supreme Court’s official guidance.

Where disputes previously arose regarding whether cryptocurrency could be treated as an object of theft, this issue has now been largely resolved for criminal law practice. This affects the protection of victims, investigative strategies, and the evaluation of evidence in criminal proceedings.

Digital Currency as an Object of Theft

The new wording of the Supreme Court’s guidance explicitly states that the subject matter of theft may include not only traditional property but also digital currency, digital rights, digital rubles, and non-cash funds.

In practice, this means that crypto assets are no longer in a legal "grey area." Their unlawful appropriation may now be classified under the rules governing theft, robbery, or armed robbery, depending on the circumstances of the case and the method used to obtain the assets.

This is particularly important in cases involving unauthorized access to wallets, substitution of payment details, phishing, malware, or other methods of withdrawing assets.

In such cases, investigators and courts must establish not only the fact of the transfer but also the method by which the assets were obtained, the amount of damage caused, and the moment when the crime was completed.

When Is Theft Considered Completed?

One of the most practically significant clarifications concerns the moment when the crime is considered completed. For non-cash funds, theft is deemed completed at the moment the funds are debited from the owner's account or electronic wallet, provided that damage has been caused.

This is particularly important in cases involving digital currency. In practice, the moment of debiting often becomes the key factor for legal qualification, calculation of damages, and determination of the applicable article of the Criminal Code.

Therefore, victims should preserve evidence as quickly as possible, including wallet addresses, transaction hashes, screenshots of interfaces, and correspondence with the service provider or exchange.

Continuing Theft and Multiple Transactions

The Supreme Court also clarified that repeated withdrawals carried out under a single criminal intent may constitute one continuing offense of theft.

This is especially relevant for cryptocurrency cases, where offenders often transfer stolen assets not in a single transaction but through a series of sequential transfers.

In practice, this means that courts evaluate not only the number of transactions but also the overall scheme of conduct, the purpose of the actions, the existence of a single criminal intent, and the aggregate amount of stolen assets.

Such an approach is important for proper legal qualification and for determining whether the conduct constitutes one offense or several independent criminal acts.

Under Which Articles of the Criminal Code Are Such Cases Classified?

Depending on the method used to obtain crypto assets, the conduct may be classified as theft, fraud, robbery, or armed robbery.

• Theft (Article 158 of the Criminal Code of the Russian Federation) — where access to a wallet is obtained secretly and without direct interaction with the victim.

• Fraud (Article 159) — where deception, fake websites, fraudulent platforms, or abuse of trust are used.

• Robbery (Article 161) and Armed Robbery (Article 162) — where the taking of assets is open or accompanied by violence or threats of violence.

Therefore, in cases involving theft of digital currency, it is important to consider not only the loss of funds itself but also the technical method of withdrawal, the transaction route, account data, and digital traces left by the offender.

What Should You Do If Your Cryptocurrency Is Stolen?

If you become a victim of digital currency theft, it is important to act immediately. First and foremost, you should preserve all digital evidence that may assist in the investigation and any subsequent legal proceedings.

What Evidence Should Be Preserved?

It is advisable to document:

• wallet addresses;

• transaction hashes;

• screenshots of interfaces;

• correspondence with counterparties or service providers;

• account login information;

• notifications from exchanges or crypto platforms;

• details regarding the time and amount of the unauthorized withdrawal.

After that, you should contact the exchange or crypto platform to request a suspension of operations and prepare a report for law enforcement authorities.

How to Act During the First Hours After the Incident

Speed is a critical factor. The sooner you collect digital evidence and file a report, the greater the chances of freezing the assets before they are transferred through mixers or decentralized exchanges.

When Blockchain Analytics Is Needed

In some cases, blockchain analytics may be required to trace the movement of assets and confirm the route through which the funds were transferred.

This is particularly important if the stolen assets have been moved through mixing services or anonymous wallets.

Why This Topic Has Become Even More Relevant

Even before the amendments of June 16, 2026 to Resolution No. 29 of the Plenum of the Supreme Court of the Russian Federation, the Russian legal system had already been moving toward recognizing digital currency as a significant property asset.

In its Resolution No. 2-P dated January 20, 2026, the Constitutional Court of the Russian Federation confirmed that property rights associated with the lawful possession of digital currency are subject to judicial protection.

This means that Federal Law No. 259-FZ of July 31, 2020, "On Digital Financial Assets and Digital Currency...", as well as the position of the Constitutional Court, remain an important legal background.

However, it is precisely the amendments to Resolution No. 29 that have become the central guideline for criminal law practice in cases involving the theft of crypto assets.

How We Can Help

Our team assists clients in cases involving the theft of digital currency at every stage: from the initial documentation of the incident and legal assessment of the situation to interaction with law enforcement agencies, cryptocurrency exchanges, and technical specialists.

We also help build preventive protection measures by:

• assessing risks associated with storing digital assets;

• conducting due diligence on digital services and counterparties;

• preparing internal compliance and security policies;

• providing recommendations on the secure use of cryptocurrencies;

• representing clients in disputes related to the recovery of digital assets.

If you require legal advice regarding cryptocurrency theft, protection of digital assets, or legal support in a specific case, we are ready to assist.

Frequently Asked Questions

Can Cryptocurrency Be Considered an Object of Theft?

Yes. Following the amendments introduced on June 16, 2026, to Resolution No. 29 of the Plenum of the Supreme Court of the Russian Federation, digital currency is expressly listed among the objects that may constitute the subject matter of theft for criminal law purposes.

When Is Cryptocurrency Theft Considered Completed?

The crime is considered completed at the moment the asset is debited from the victim's account or wallet, provided that damage has been caused.

For non-cash funds, this approach is expressly established in the Supreme Court's official guidance.

What Should I Do If My Cryptocurrency Has Been Stolen?

You should immediately document the transactions, preserve all available evidence, contact the exchange, and file a report with law enforcement authorities.

The sooner digital traces are collected, the greater the chances of effective legal protection.

Is It Possible to Recover Stolen Cryptocurrency?

This depends on the method of theft, the route through which the assets were transferred, the amount of available evidence, and the willingness of platforms and law enforcement authorities to respond promptly.

In some cases, recovery is possible if the assets can be traced quickly and protective legal measures are taken in time.