[Empirical Disciplinary Law] How to understand and grasp the regulations on chasing and pursuing stolen cases confiscated the procedures for confiscation of illegal income

(Original title: How to understand and grasp the provisions of the procedures for confiscation of illegal income from chasing and pursuing stolen cases?

Article 232 of the "Regulations on the Implementation of the Supervision Law of the People's Republic of China" (hereinafter referred to as the "Regulations") stipulates that the investigators have been fled for corruption, bribery, misconduct and other duties, etc. Or those who are investigators died, and those who shall recover their illegal income and other property involved in accordance with the law, the contracting department shall be transferred to the trial after the investigation is ended. As a special procedure of illegal income, it is a legal weapon in the work of anti -corruption and pursuit of stolen stolen. The economic source is urged to receive legal sanctions as soon as possible, which will help restore the losses of the country and related victims in a timely manner. In practice, the scope of the case should be strictly limited to the confiscation procedure of the illegal income and regulates the procedures.

Grasp the applicable conditions. First, this procedure is mainly applicable to duty criminal cases such as corruption and bribery, loss of duty. The second is that the applicable object must be the investigator or the investigator who is unable to get to the case after one year after the wanted. The "escape" mentioned here can be unexplained or returned after the case. The scope of escape is not limited to abroad, or it can be arrested and returned in the country but because there are no clues. The whereabouts of the investigator's whereabouts were unknown for two years, or the whereabouts of the accident were unknown. If the relevant authorities proved that it was impossible to survive, it was also processed by "escape". In practice, pay attention to the difference between the procedures for confiscation of illegal income and absence of trial procedures. Both are special procedures and are suitable for corruption and bribery criminal cases, but the procedures for confiscation of illegal income can also be applied to cases of misconduct. He tried and judged whether the defendant was guilty and dealt with the property involved in the case, not only to "things" but also focused on "people"; the procedure of confiscation of illegal income was suitable for the person who was escaped or died, including the person being investigator abroad abroad. In the case, the absence of the trial procedure is only applicable to the situation of the person being investigated abroad.

Clearly proof standards. The confiscation procedure of illegal income mainly solves the problem of recovery of stolen money and stolen goods, and does not solve the criminal liability of the person being investigated. It is essentially a lawsuit of "things". That is to say, "the facts are clear, the evidence is true and full, and the exclusion of reasonable doubt" is quite different. The identification of illegal income adopts a "high possibility" certification standard, that is, if there is evidence to prove that the property applied for the confiscation of the application is high, it may belong to illegal income and other property involved in the case. For example, public officials A purchase 9 real estate with corruption public funds, and then sold three of the real estate, using the sale of houses and the remaining 6 sets of real estate income, and purchased 5 units of real estate. After verifying the relevant evidence such as the flow of house purchase funds above, it can prove that it is directly or indirectly derived from the income from A corruption crime, and it should be confiscated according to law.

Standardize procedures. The confiscation procedures for illegal income shall continue to investigate with the approval of supervision organs at or above the provincial level and make conclusions. Without approval or not belonging to the approval authority of supervision organs above the provincial level, no continued investigation measures shall be taken. The content that needs to be concluded mainly includes all property obtained from illegal income shall be recovered or ordered to refund the compensation; the legitimate property of the victim should be repaid in time; the property of the prohibited products and the personal property for crimes should be confiscated. For example, in the evidence of the case proved to be corrupted criminal income, the income of bribery, and drugs such as drugs, and mobile phones or computers specifically used to transfer stolen money, etc. The property used in crime. For corruption crimes, it should be returned to the victims in a timely manner. For the income from bribery, and the property used by the prohibited items and crimes, it should be confiscated. The supervisory organs shall issue the "Opinions Opinions of Confliciated Illegal Increases" in the name of the Supervisory Commission, including providing evidence materials related to criminal facts and illegal income, which indicate the types, quantities, locations and seizures, and frozen frozen of the types of property. Transferred by the supervisory authority of the procuratorial organs with jurisdictions. If the investigator who is fleeing automatically invests or arrested, the supervisory organs shall promptly notify the procuratorate, and the procuratorial organs shall terminate the review and return the files.

Pay attention in practice. The first is to apply illegal income to confiscate procedures without time, and it is not limited by the timeliness of litigation. As long as you can track, query or find any illegal income or stolen money involved in the case, the program can be applied. Second, if the illegal income of the investigator is mixed with the legal property and generated interest, it is necessary to calculate the amount of illegal income from the proportion of legal property to illegal income in the whole case, and confiscate the amount of illegal income. For example, in accordance with the law, the illegal income of public official B is 10 million yuan, and the family property frozen in Case B is 18 million yuan. Among them, the principal of 18 million yuan of deposits generated 2 million yuan. Among them, the interest that should be confiscated can be confiscated according to the proportion of illegal income in the deposit (about 1000/1800 = 55.6%), and calculate the corresponding interest in illegal income (about 200*55.6%= 1112,000 yuan), according to the law according to the law) Applying for confiscation, the remaining part is legitimate property and interest, and return it to its close relatives. (This article was published in the 1222th issue of "China Discipline Inspection and Supervision" magazine, the author: Shanghai Discipline Inspection Commission and Songjiang District Discipline Inspection Commission Ying Weijie Zhang Jianfeng)

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