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Officials from the South Korean National Tax Service proposed to amend the Criminal Procedure Act to strengthen the rules for seizing individuals' virtual assets

According to Digital Asset, officials from the Korean National Tax Service have proposed legislative suggestions, believing it is necessary to amend the Criminal Procedure Act to allow for the seizure of virtual assets held by individuals. Individual ownership of digital assets refers to the situation where the private key is directly held by the individual, without the need to entrust a third party for custody or disposal.In June of this year, four individuals, including Zhang Xiyuan, the head of the National Tax Service investigation team, published a paper titled "Limitations and Legislative Review of Self-Protecting Virtual Asset Seizure Execution" in the journal "Criminal Policy Research" of the Korean Institute of Criminology and Justice. The paper explains that separate regulations must be established for the requirements and procedures for transferring to a public wallet or obtaining control. The paper first points out that when a suspect or owner holds access means such as a private key, the search warrant must clearly specify the following: the type and quantity of digital assets to be seized; verified addresses; addresses to be transferred; methods of transfer; and storage methods after the transfer. Furthermore, due to the risks of theft associated with transferring assets to wallets managed by a single entity, the paper proposes a method for transferring to a joint address managed by both the court and investigative agencies.
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