Investigation | How should the property involved in the case be tracked down and handled?
Han Yadong
On July 31, Zhao Zhengyong, former deputy chairman of the Internal and Judicial Committee of the 12th National People's Congress and former secretary of the Shaanxi Provincial Party Committee of the Communist Party of China, was sentenced in the first instance of bribery. The Tianjin No. 1 Intermediate People’s Court found that he had taken bribes of more than 717 million yuan, and sentenced him to death, suspended for two years, deprived of political rights for life, and confiscated all personal property, and reduced to life imprisonment at the expiration of the two-year suspension. Later, life imprisonment without commutation or parole.
Prior to this, the State Supervision Commission of the Central Commission for Discipline Inspection had seized, sealed up, and transferred a total of approximately 631 million yuan of assets involved in the Zhao Zhengyong case to the judicial authorities. At the same time, the real estate and company equity related to Zhao Zhengyong were also seized and frozen, totaling about 100 million yuan, which will be disposed of in accordance with the court's judgment. In addition, the discipline inspection and supervision organs recovered all the property acquired by Zhao Zhengyong in violation of discipline and law.
Strengthening the supervision of the property involved in the case is an important link in promoting inspections and investigations in accordance with regulations and disciplines. It is a major measure to protect national interests from harm, and an important measure for discipline inspection and supervision agencies to strictly manage internally and prevent "black under the lights". In recent years, the National Supervision Commission of the Central Commission for Discipline Inspection and various levels of discipline inspection commissions have improved the management mechanism, strictly abided by the bottom line of safety, and strived to improve the institutionalization, standardization, refinement and informationization of the property management involved in the case, and promote the high-quality development of discipline inspection and supervision.
How to track down: Strict procedural regulations to ensure that the seizure, seizure and freezing measures are legal and standardized
Since the 19th National Congress of the Communist Party of China, the National Supervision Commission of the Central Commission for Discipline Inspection has conducted inspections and investigations on the violations of discipline and law by Zhao Zhengyong, Zeng Zhiquan, Chen Gang, Zhao Hongshun, Yun Guangzhong, Lai Xiaomin, etc., and all of them have handled the property involved in accordance with regulations and laws to restore the violation of discipline and law. Losses caused by actions to state property, collective property, and the legal property of individual citizens.
The management of the property involved in the case is an important part of the anti-corruption work and an important part of the inspection and investigation work carried out by the discipline inspection and supervision organs in accordance with regulations and laws. "If we only find out the facts in a case, but fail to recover the economic losses for the country and the collective, it cannot be regarded as a successful case, and the people will be dissatisfied. It may also cause the corrupt elements to have a fluke:'Sacrifice me. Happy family.”” said Zhou Zhixiang, deputy secretary of the Commission for Discipline Inspection and deputy director of the Supervisory Committee of Huangshi City, Hubei Province.
Whether the management of the property involved in the case is in place is not only related to the timely and effective recovery of national losses, but also directly related to the protection of the legitimate rights and interests of the parties in the case, the effectiveness of the disciplinary review and the credibility of the disciplinary inspection and supervision agency. For example, if the subject under investigation actively cooperates with the investigation and voluntarily withdraws the proceeds from violations of discipline and law, according to the "Regulations on Disciplinary Actions of the Communist Party of China" and the "Monitoring Law of the People's Republic of China", this constitutes a lighter circumstance. Leniency is recommended.
In recent years, the "Supervision Law of the People's Republic of China", "Rules for the Supervision and Enforcement of Discipline by the Disciplinary Inspection Organs of the Communist Party of China", "Provisions on the Supervision and Enforcement of Law Enforcement by Supervisory Authorities", "Regulations on the Use of Supervision, Inspection and Investigation Measures by the State Supervision Commission of the Central Commission for Discipline Inspection", etc. , Strictly regulate the approval authority, handling procedures, and document format for various measures such as seizure, detention and freezing. Discipline inspection and supervision organs at all levels continue to improve systems, standardize procedures, strengthen supervision, and strengthen the management of the property involved in the case from the source.
"The examination and approval procedures for investigation measures are now very strict. When conducting disciplinary review, we must not only prepare documents such as search and lien, but also prepare documents such as seals and seizures, and strictly review and approve procedures. We must not arbitrarily expand the scope of seizures and seizures. The protection of the property rights and interests of the persons involved in the case is also the protection of the safety of the personnel handling the case." Zhou Zhixiang said.
On the day when the Huangshi Municipal Commission for Discipline Inspection and Supervision took lien measures against Tong Jinbo, a cadre at the county level of Huangshi Transportation Bureau and the former secretary of the Yangxin County Party Committee, the task force produced a search warrant and seizure of the property involved in the case. A search was carried out, and the staff of the county party committee checked on the spot and registered and signed. At this time, the task force learned that Tong Jinbo had other residences. However, they did not rush to the above-mentioned residences to conduct searches. Instead, while guarding the protection, they reported to the main responsible comrades of the Municipal Commission for Discipline Inspection and the main responsible comrades of the Municipal Party Committee. After obtaining approval, they carried out searches in other locations and found them at one of the sites. Tong Jinbo confronted the organization investigation note and the cash received, and the special case team seized it according to law, which played an important role in the breakthrough of the case.
In the process of review and investigation, every use of investigation measures must be carried out in strict accordance with regulations and laws. For items to be sealed, seized, or frozen, carefully analyze whether they are related to the case, and what is the relationship, and should not arbitrarily expand the scope of the seizure, seizure, or freezing. When investigating the suspected bribery crime of the deputy director of the Municipal Bureau of Housing and Urban-Rural Development, a certain municipal supervisory committee froze his deposit account according to law. It was investigated that 1 million in his bank account was funds remitted by his cousin from other places with the intention of entrusting him to help buy real estate in the city, which has nothing to do with the case. After ascertaining the situation, the supervisory agency followed the relevant procedures in accordance with the law the next day, went through the procedures for lifting the freeze, and returned the 1 million yuan to the cousin of the deputy director.
In the second half of this year, the Case Supervision and Management Office of the State Supervision Commission of the Central Commission for Discipline Inspection will study and revise the management system of the property involved in the case, and will make further work arrangements for prohibiting the seizure, seizure, and freezing of the property involved in the case beyond the scope and standards.
How to manage: Strengthen the supervision of the whole process to ensure that the source is clear, whereabouts are clear, the track can be checked, and the whole process is monitored
The property management involved in the case involves the supervision and inspection department of the discipline inspection and supervision agency, the inspection and investigation department, the financial (custodial) department, the trial department, the case supervision and management department, and the public security, procuratorate, and other agencies. The management chain is long, there are many links, and the time span is large. Strict internal management to prevent " "Black under the light" is the key to advancing the management of the property involved in the case.
"The management of the property involved in the case requires the joint participation of multiple departments of the disciplinary inspection and supervision agency, which not only strengthens cooperation and cooperation, but also supervises and restricts each other." Chi Shiluan, deputy director of the case supervision and management office of the Fujian Provincial Commission for Discipline Inspection, introduced that the Commission for Discipline Inspection currently implements the management of the property involved in the case. "Three steps", the supervision, inspection, review and investigation departments will seize them, submit their handling opinions and then transfer them for trial, and the trial departments will review and check, and then report to the Standing Committee of the Disciplinary Committee for research and decision; the implementation of the "four separations", the supervision, inspection, review and investigation departments The implementation of seizures, the implementation of custody by the financial department, the review department is responsible for review, and the case management department is responsible for supervision. The system design has improved the management mechanism of the property involved in the case.
At the same time, the discipline inspection and supervision organs started from standardizing the work process of the property involved, and further strengthened the entire supervision of the seizure, seizure, freezing, transfer, custody, and disposal links, and blocked management loopholes to the greatest extent.
"We insist on starting from the'entry' strictly, clarify the receiving procedures, standardize the procedures and time limit requirements, actively follow up the property involved in the case, hand over in a timely manner, and do a good job in receiving." Zhou Zhixiang introduced, the Huangshi Municipal Commission for Discipline Inspection strictly carried out the transfer of the property involved in the case "One look at the two cores and three records" work steps: First, check whether the approval procedures for seizure, seizure, and freezing of property, and the signature of the transfer order are complete and complete, and the incomplete procedures will not be accepted; second, carefully check the amount of property, Whether the appearance and other factors are consistent; finally, according to the standard of "one case, one cabinet, one object, one label", one by one, take pictures, mark and seal them. Multiple departments participated in the handover process, signed and confirmed on the handover custody list, and synchronized audio and video recording throughout the process to ensure that there was evidence.
The Case Supervision and Management Office of the Commission for Discipline Inspection and Supervision of Inner Mongolia Autonomous Region designed and produced a special sealed bag for the property involved in the case. The valuables seized must be sealed with the case code, the name of the subject under investigation, the undertaking department, the undertaker and the recipient, and the remarks Indicate the date of sealing. "The sealed bag is pasted and sealed at one time, and must be re-sealed and signed after being opened for identification, identification, and retrieval. This not only effectively prevents the transfer of the package, but also ensures that traces are left during the entire process of obtaining evidence." Supervision and guidance of the case supervision and management office of the Autonomous Region Commission for Discipline Inspection Director Hao Huiming said.
Careful storage to ensure the safety of property. The Central Commission for Discipline Inspection and the State Supervision Commission have improved and improved the management mechanism of the property involved in the case and strictly adhered to the bottom line of safety. Set up a special account for the money involved in the case, with a dedicated person responsible for immediate verification, regular payment, daily clearing and monthly settlement; set up a special place for the storage of the involved items, check and take pictures one by one, record the item information in all elements, and strictly perform the transfer and retrieval procedures, and separate warehouses , Keep it properly by category and case.
Disciplinary inspection and supervision agencies have fully promoted the use of the property information management system involved in the case, reducing the duplication of work between various departments, improving the quality and efficiency of the property management involved, and also helping to strengthen the supervision of the entire process from the source to the disposal of the property involved. "The comrades handling the case entered the property involved in the case in a stand-alone version at the seizure site, and imported the data into the intranet as soon as they returned to the unit. The case supervision and management department can grasp the situation of the property involved in the case online through the system." Chi Shiluan said.
While counting items, posting barcodes, entering the system and describing features. Recently, two comrades of a special case team of the Commission for Discipline Inspection of the Inner Mongolia Autonomous Region entered the property information management system of the State Supervision Commission of the Central Commission for Discipline Inspection. The entire process is completed under synchronized audio and video recording, and family members and third-party witnesses are invited to witness. The property involved is registered, numbered, imaged, and whereabouts from entry to exit.
As one of the four pilot provinces, autonomous regions and municipalities that have fully implemented the property information management system involved, the Commission for Discipline Inspection of the Inner Mongolia Autonomous Region has implemented the system since October last year, requiring all the property involved in newly opened cases to be entered into the system and strictly follow the operating guidelines. Process, full element use system. As of July this year, 50 projects of the Autonomous Region Commission for Discipline Inspection and Supervision have recorded 12,417 items, involving a total of 310 million yuan, and 2,078 items involved in the case have been reviewed, with a total amount of 9.06 million yuan. The situation is clear and the figures are accurate.
"Log in to this system, what items, what characteristics, when to seize, who handed over, all procedures and details, online registration, offline procedures, the source of the property involved is clear, the whereabouts are clear, the track can be checked, and the whole process is monitored. The case supervision and management department's supervision of the property involved in the case has realized a transition from static and ex-post supervision to dynamic and simultaneous supervision." Hao Huiming said.
"The approval procedures are more stringent, the registration items are more detailed, and the property management can be traced. From the point of view of the supervisor, with a real grasp, you can better supervise the idea." Chi Shiluan said.
As the full-time supervision and management department of the discipline inspection and supervision agency, the case supervision and management office also conducts supervision and inspection on the use of measures, complete procedures, and financial accounts from time to time, and prompts for correction in time. Last year, the Commission for Discipline Inspection and Supervision of the Inner Mongolia Autonomous Region conducted two inventory and disposal of the property involved in the case since 2015. In July this year, the property involved in the completed case was once again investigated and the problems in the management of the property involved in the case were investigated. Correction and rectification. Each task force and dispatched (outgoing) agencies regularly carry out comprehensive self-inspection and clean-up of the property involved in self-administered and designated cases to effectively prevent embezzlement, interception and misappropriation, private distribution of private deposits, exchange of loans, acquisitions at low prices, and irregularities Disciplinary and law-breaking acts such as the transfer of the property involved in the case and the failure to promptly implement the decision on the disposal of the property involved in the case.
How to deal with it better: prudently and prudently, ensure that the whereabouts of each property involved in the case are clear and traceable
The public is generally concerned about how the property involved in the case was finally disposed of. The legality of its disposal is related to the credibility and authority of the discipline inspection and supervision organs. In order to "export" the property involved in the case, the Commission for Discipline Inspection and Supervision at all levels adhered to the rules and disciplines and the law to prudently and steadily carry out the disposal of the property involved in the case to ensure that the whereabouts of each property involved in the case are clear and traceable.
The discipline inspection and supervision agency’s principle of handling the property involved in the case is: if the property is suspected of criminal proceeds, when the case is transferred to the judicial agency, the related property shall be transferred to the judicial agency for processing in accordance with the law; if it is the proceeds of violation of discipline and law, the discipline inspection and supervision agency shall collect and turn in in accordance with discipline and law. The State Treasury; if the property is not involved in the case after investigation, it shall be returned in time.
"Among these,'screening' is a key task." According to the relevant person in charge of the Commission for Discipline Inspection of Jinhua City, Zhejiang Province, on the one hand, it is the "screening" of the nature of the property involved. For those confiscated or recovered in accordance with disciplines and laws, the formalities shall be handled in a timely manner and turned over to the state treasury; the suspected criminal proceeds shall be transferred to the procuratorial organ for review and prosecution. On the other hand, it is the "screening" of the legality of the property involved. The property involved in the seizure shall be strictly distinguished from the lawful property. If it is found to be unrelated to the violation of the law or discipline, the seizure, seizure, and freezing shall be released in time and the original property shall be returned to the person under investigation, and the original property shall be consumed or damaged. , Compensation with property of equivalent value.
Effective protection of the legitimate rights and interests of the parties has always been the focus of the Commission for Discipline Inspection at all levels. The Huangshi Municipal Commission for Discipline Inspection and Supervision was investigating and prosecuting Zhang Jie, member of the Standing Committee of the Party Committee and Vice President of Hubei Institute of Technology, President and Secretary of the Party Committee of Edong Medical Group, and successively seized 41 items of property involved in the case in accordance with regulations and laws. The property involved in the bribery issue was equivalent to RMB 5.387 million, and other unidentified properties were returned to their relatives in time.
The discipline inspection and supervision organs have also actively explored the disposal of the items involved in the violation of discipline. Compared with the money involved in the case, the disposal of the items involved is relatively complicated. How to expand the disposal channels is the focus of practical exploration.
The State Supervision Commission of the Central Commission for Discipline Inspection implements the Supervision Law and other laws and regulations, and on the basis of entrusting public auctions and repurchases, transfers the rare animals and plants, their products, and cultural relics that are prohibited from listing to the professional authorities in accordance with the law. In accordance with the "Notice on Real Estate Registration Agency Assisting Supervisory Authorities in Handling Real Estate Registration in the Process of Property Involved in the Case" and "Notice on Regulating Public Security Organs to Assist Supervisory Organization in Handling of Motor Vehicle Registration in the Process of Property Involved in the Case", real estate and motor vehicles were auctioned and disposed of.
Some places are also actively exploring ways to broaden the disposal channels of the items involved in the case through public auctions. Not long ago, the Commission for Discipline Inspection of Jinhua City, Zhejiang Province, entrusted the Municipal Public Resource Exchange Center to conduct public auctions of the 70 items involved in the case seized over the years, and the auction funds were directly turned over to the State Treasury. "In order to prevent the possible damage or loss of the items involved in the case, we commissioned a qualified appraisal agency before the auction to conduct an on-site appraisal of the property involved in the case, and list the value of each item one by one," said the relevant person in charge of the Jinhua Municipal Commission for Discipline Inspection. .
"The people hate corruption and believe that the property involved in the case is a'people's cream,' and they are highly concerned about how to pursue, manage, and dispose of it. We must continuously improve the standardization and rule of law in the management of the property involved in the case to respond to the concerns of the masses." The person in charge of the case supervision and management office of the Supervisory Committee said.