Comparative Study of Criminal Protection of Digital Assets in the Metaverse in the European Union and Japan

Abstract

With the increasing expansion of emerging technologies and the advent of complex virtual environments such as the metaverse, digital assets have become one of the most significant forms of property within emerging platforms. This transformation has confronted criminal justice systems with novel challenges. The principal issue of this study is how digital assets in the metaverse can be protected against criminal threats and what similarities and differences exist between the approaches adopted by the European Union and Japan in this regard. The aim of this research is to conduct a comparative examination of the criminal protection of digital assets in the metaverse within two leading legal systems, namely the European Union and Japan, and to propose models for the Iranian legal system, which has thus far lacked a coherent framework in this field. The necessity of this research lies in the increasing growth of metaverse-related crimes, the inadequacy of victim protection, and the legislative vacuum within the Iranian legal system. The main research question is: “How do the criminal justice systems of the European Union and Japan protect digital assets in the metaverse, and what models can be extracted for the reform of criminal legislation in Iran?” The findings of the study indicate that Japan, through reliance on specific legislation concerning crypto-assets and newly enacted criminal regulations, and the European Union, through the adoption of innovative legal frameworks such as the Markets in Crypto-Assets (MiCA) Regulation, are advancing effective criminal protection of digital assets. In conclusion, the study emphasizes the necessity of reforming Iranian criminal laws, particularly in the fields of cybercrime and digital property. This research was conducted using a descriptive-analytical method with a comparative approach.