Venezuelan court reverses seizure of more than a thousand Bitcoin mining equipment – DiarioBitcoin

Venezuelan court reverses seizure of more than a thousand Bitcoin mining equipment - DiarioBitcoin By Daily EditorBitcoin

In an unprecedented decision, the Supreme Court of Justice reversed the seizure of equipment made by officials of the Sunacrip.

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The Supreme Court of Justice of Venezuela, TSJ, published in his archives the decision of the First National Court, governed by Judge María de los Ángeles Toledo, who reversed a seizure of more than 1,000 miners from Bitcoin by the Sunacrip to a company, considering that irregularities had occurred during the seizure.

According to the court document, the seized equipment was in the custody of companies that performed maintenance services on it. The court ordered the National Superintendency of Crypto Assets, Sunacrip, to return these miners to their original owners: the company Sierramoros, who will have custody of it until the matter is resolved.

The TSJ document informs that the company’s lawyers Sierramoros, dedicated to cryptocurrency mining, filed the amparo to annul the confiscation of the mining equipment that was confiscated by the officials of the Sunacrip. The complainants indicated that the company was “Flagrantly violated the right to defense”. They stated that there were irregularities in the inspection procedure of the miners in the hands of the superintendency. They also indicated that Sunacrip it did not respect the right to due process, property and economic freedom.

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The facts

According to the lawyers’ version, last October, police and officials of the Sunacrip made the inspection of two companies hired by Sierramoros (the owner of the equipment) to maintain the miners. After the inspection of the subcontractors, the officials decided to seize the miners because, according to their justification at the time, these activities “they violated the Comprehensive Cryptoactive System ”.

The operation, lawyers say, presented several irregularities and according to court documents, violated the “right to defense and due process, as well as the right to property of the plaintiff company.”

The point is that seized equipment was undergoing maintenance. Sunacrip, after inspecting the maintenance companies, it took 12 Antminer S9-S9I, 1,624 EBANG E9I and 1,475 power sources. Nevertheless, Sunacrip It did not specify the location where these miners would take place.

Another irregularity detected by the court is that This type of procedure allows you to submit the required documents within a period of 15 days. However, in this case, the authorities seized the equipment the same day, without waiting for the deadlines.

It is worth noting that the court ordered that, although Sierramoros you now have the right to have custody of these miners, you cannot put them to work until the ongoing review of their permits is closed.

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Venezuela and mining

The decision is considered important for many, given that there have been numerous cases of seizures of mining equipment, some of which are not entirely clear. It is worth remembering that in Venezuela mining is legal as long as companies register in a mining pool centralized by the government. However, as many distrust the central power, they prefer to act outside the law.

This demand set a precedent which establishes that the courts can interfere in these cases if there is a presumption of a violation of property rights, economic freedom or due process.

Bitcoin.com highlights that another interesting element of the case is that because the police officer Sunacrip who supervised the operation did not specify the site where these miners would be stored, so the plaintiffs believe that these miners could have been used by third parties to extract bitcoins while the case was resolved.

Sources: TSJ document, Bitcoin.com, file

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