Central Commission for Discipline Inspection and State Supervision Commission website Chen Yao
Over 200 million yuan in illegal profits!
On October 14, the first instance of the confiscation of illegal gains from corruption by "hundred Hongtong personnel" Bai Jing was publicly heard by the Intermediate People's Court of Hohhot, Inner Mongolia Autonomous Region.
Bai Jing, former director of the local currency investment department of the Investment Center of the Financial Market Department of Agricultural Bank of China.
From 2008 to 2011, he used the convenience of his position to cooperate with others to manipulate bond transactions, embezzle national interests, and illegally gained a total of more than 200 million yuan.
Hou Baijing used part of the illegal proceeds to purchase multiple properties in Beijing and Sanya, which were registered under the names of his wife Niu Ying and other relatives.
On July 31, 2013, Bai Jing, who was suspected of committing corruption, fled abroad and was not wanted for a year.
The Supervisory Committee of the Autonomous Region sealed up 9 of the properties.
The People's Procuratorate of Hohhot City filed an application for confiscation of the above-mentioned nine properties in accordance with the law.
It is understood that this case is the first case of confiscation of illegal proceeds from a fleeing corrupt official tried by the court of the autonomous region.
It is worth noting that because Bai Jing was "wanted for a year and still not found a case", this has also become a trial in absentia.
What is the confiscation procedure for illegal income?
Under what circumstances will a trial in absentia be conducted?
What are the effects of these systems in the pursuit of escaped and stolen goods?
The procedure for the confiscation of illegal income is the abbreviation for the procedure for the confiscation of illegal income for criminal suspects and defendants in hiding and death.
Trial in absentia refers to a litigation system in which a party is absent from the court for non-statutory reasons during the trial of a case, and when the statutory conditions are met, the court continues the trial and makes a judgment or ruling in accordance with the law.
The interpretation and provisions of the above procedures in the Criminal Procedure Law of the People's Republic of China as amended in 2018 have always been applicable.
From a national perspective, the confiscation procedures for illegal gains appeared in public view a few years ago.
As early as in the "Criminal Procedure Law of the People's Republic of China" revised in 2012, there were provisions on the procedures for the confiscation of illegal proceeds of criminal suspects, defendants, and death cases.
After that, the Supreme People’s Court and the Supreme People’s Procuratorate issued the “Regulations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of the Procedures for Confiscating Illegal Income of Criminal Suspects, Defendants, and Death Cases” in 2017. The confiscation procedures for illegal income are becoming increasingly complete. .
In comparison, the appearance of trial in absentia came later, and it appeared in the 2018 amendment to the Criminal Procedure Law.
It is the newly added chapter "Procedures for Trial in Absence" that has been added to this amendment to solve the problem that corrupt elements who flee from abroad can only recover their illegal gains and other property involved in the case in accordance with the law, and they cannot be tried in absentia.
Regardless of whether it is confiscation of illegal income or trial in absentia, it serves the circumstances of the escape of criminal suspects and defendants in corruption and bribery crimes. This is highly consistent in spirit with the system of confiscation of illegal income in Article 48 of the Supervision Law. The Commission and local supervisory committees at all levels investigate and handle cases of job-related crime escape according to law, and the use of all elements of the legal measures granted by the Supervision Law to pursue escape and recovery provides a more solid legal basis.
"The use of the confiscation procedure of illegal income has "broken blood" economically, making the living space of corrupt elements fleeing smaller and smaller." As the person in charge of the Yueyang Supervisory Committee said, as this system is further improved, illegal income The effectiveness of the confiscation procedure in the pursuit of escaped and stolen stolen goods has become increasingly apparent. This is the embodiment of the rule of law and the rule of law to punish corruption, and it also continuously releases a strong signal that "every escape must be pursued and pursued to the end".