The Nature of NFT Legal Benefits and their Criminal Protection in the Context of the Metaverse

NFTs in the development of the metaverse economy, contributing to the growth of the digital economy, are also associated with crime risks. NFT has a two-layer complex structure «metadata + token identifier (ID)». In cases where the NFT is the target of a crime, it is exposed to a double risk — illegal interference with metadata and illegal receipt of a token ID. Within the framework of the guidelines on the interaction of civil and criminal law and the theory of relative subordination, the NFT has two levels of legitimate interests — «data + property interests», and can also be associated with other related rights depending on its mapping. Metadata violations are subject to regulation as computer technology crimes and highly specialized data crimes; illegal acquisition of a token ID is regulated as a property crime. In cases where both the interests of data and property, as well as related legal interests, are violated, the theory of the multiple counts of crimes is applied to qualify the crime.