The Sierramoros C. A legal team assured that it is ready to start a fight to defend the property right. Sunacrip takes the measures it considers appropriate for miners without a proper license.
A legal battle linked to Bitcoin (BTC) is about to happen in Venezuela. Sierramoros, the company that owns the Bitcoin miners that got confiscated in November of last year, would move all its legal resources to confront the National Cryptoactive Superintendence (Sunacrip). This entity confiscated the equipment alleging non-compliance with Venezuelan regulations.
The lawyer Carlos Marín Santeliz, a member of the legal team of Sierramoros C.A., the company from which many Bitcoin miners got seized in November, revealed the news. According to the lawyer, the company he works for will fight for its property right.
The lawyer highlights that the confiscation procedure applied by Sunacrip represents a violation of the presumption of good faith, which are constitutional rules in Venezuela, in addition to the right to property.
That is why the defenders of Sierramoros C.A. plan to go before the Chamber of the Supreme Court of Justice (TSJ) to plea for the sentence.
The First National Contentious Administrative Court of Caracas ruled in favor of the miners last year right after Sunacrip seized a batch of equipment, alleging that they carried out activities without permission. Sierramoros had issued a charge of protection that favored them.
Subsequently, Sunacrip moved the case to the TSJ, which suspended the ruling favoring the miners in March of this year and assured the seizure of the devices. The TSJ highlighted the power of Sunacrip to influence issues linked to Bitcoin and its environment.
According to the lawyer, the legal team of the accused company did not formally notify about that move, which revoked the previous sentence filed by one of the Capital District courts, which ruled in favor of Sierramoros C.A.
In Venezuela, the new authorities of the Supreme Court of Justice are about to get appointed, something that might find some delay. Marín Santeliz highlighted that the appeal would run in parallel with the arrival of new judges and magistrates to the Judiciary.
The Most Drastic Measures
According to the Constituent Decree on the Comprehensive Cryptoactive System, approved in Venezuela, there are preventive sanctioning procedures for those who are mining digital assets without prior licenses set up by Sunacrip.
In article 37, the legislation states that if during Sunacrip audit indications of non-compliance with the established obligations are detected, at least three measures could be taken: suspension of licenses (if any), sanctions provided for in the current legal system (which is at the discretion of Sunacrip) and the confiscation of equipment.
The latter, in the words of Marín Santeliz, is one of the most radical procedures taken by the government entity, violating, in his opinion, the principle of proportionality, which refers to the possibility of applying sanctions according to the infraction committed.
By: Jenson Nuñez
