China News Service, December 9th. Shi Weizhong, a member of the Procuratorate Committee of the Supreme People’s Procuratorate and Director of the Third Prosecutor’s Office, stated on the 9th that since January 2017, procuratorial organs have accepted a total of 93 cases of duty crimes that apply the confiscation procedures for illegal income and 95 persons, applicable The number of cases handled by this procedure has increased significantly, and the practical value of the procedure for confiscation of illegal income has initially appeared.

　　December 9th is International Anti-Corruption Day. The Supreme People’s Procuratorate today held a press conference on “actively applying the confiscation procedures for illegal proceeds to promote international anti-corruption tracing and recovery of stolen stolen goods” to inform the nation’s procuratorial organs about the application of special procedures for confiscation of illegal proceeds to handle duty crime cases. Issued the 32nd batch of guiding cases for the Supreme People's Court.

　　Shi Weizhong pointed out at the meeting that the procedures for confiscation of illegal proceeds have provided an important legal basis for the international anti-corruption work of pursuing fugitives and stolen goods.

　　In recent years, some corrupt criminals "fleeing with money" have become a common tactic for them to evade legal sanctions.

Before the revision of the Criminal Procedure Law in 2012, when suspects or defendants of duty crimes such as embezzlement and bribery were unable to come to the case due to escape or death, litigation procedures were often difficult to proceed. It is also not conducive to the development of the pursuit of fleeing and stolen goods.

In 2005, the Standing Committee of the National People’s Congress approved my country’s accession to the United Nations Convention against Corruption. In accordance with the spirit established in Article 57 of the Convention, when a requesting State Party requests the requested State Party to return the property involved in the case, the latter may request the former to provide an effective judicial decision. Instrument.

Since my country has not established corresponding procedures, it is difficult to be effective when submitting applications for confiscation of stolen goods.

　　When my country revised the Criminal Procedure Law in 2012, a special procedure for the confiscation of illegal proceeds was added. The 2018 revision of the Criminal Procedure Law followed the 2012 revision.

The first paragraph of Article 298 of the current Criminal Procedure Law clearly stipulates: "For major crimes such as corruption and bribery, terrorist crimes, criminal suspects and defendants are not allowed to come to the case after one year, or commit crimes. If the suspect or defendant dies and the illegal income and other property involved in the case shall be recovered in accordance with the provisions of the Criminal Law, the People’s Procuratorate may apply to the People’s Court for the confiscation of the illegal income."

　　In 2017, the Supreme Law and the Supreme People’s Procuratorate jointly issued the “Regulations on Several Issues Concerning the Application of Procedures for the Confiscating of Illegal Income of Criminal Suspects, Defendants, and Death Cases” to clarify some specific issues in this special procedure.

The newly revised "People's Procuratorate Criminal Procedure Rules" and the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" have absorbed and improved relevant regulations.

The establishment and continuous improvement of the special procedures for the confiscation of illegal proceeds not only conform to the United Nations Convention against Corruption, but also meet in the past practice due to the escape or death of criminal suspects, defendants, and ordinary criminal procedures that cannot be carried out, resulting in corruption and bribery. The dilemma of the loss of a large amount of illegally acquired property in major criminal cases such as crime and the inability to be recovered in time provides a solution and a legal basis.

　　Regarding the main methods and results of procuratorial organs in handling cases involving the confiscation of illegal proceeds for duty crimes, Shi Weizhong introduced:

　　The first is to focus on the function of special procedures, and strive to promote anti-corruption international pursuit of escape and stolen goods.

As mentioned earlier, the establishment of the procedure for confiscation of illegal proceeds has provided an important legal basis for the international anti-corruption work of fleeing and recovering stolen goods. The prosecutors actively promote the application of this special procedure in judicial practice to promote the recovery of criminal suspects and defendants in accordance with the law. A huge amount of property transferred abroad by people.

　　For example, the Shangrao City Procuratorate of Jiangxi Province, under the unified leadership of the Central Pursuit Office, applied special procedures to Li Huabo, the former chief of the Economic Construction Unit of the Poyang County Finance Bureau, Jiangxi Province ("100 Red Pass personnel"), who was suspected of corruption crimes. The illegal income of more than 29 million yuan transferred to Singapore was applied for confiscation, and Singapore was actively promoted to recognize and implement the confiscation ruling made by the Shangrao Intermediate People's Court. Later, Li Huabo was sent back to the country for punishment.

The Yueyang City Procuratorate of Hunan Province applied special procedures to Peng Xufeng and his wife Jia Siyu, who were suspected of taking bribes, and applied for the confiscation of their illegal gains in the territory and transferred to 4 countries, the total value of which was equivalent to more than 100 million yuan.

　　The second is to focus on the improvement of supporting systems and mechanisms, and actively promote the application of the confiscation procedures of illegal income in accordance with the law.

The Criminal Procedure Law’s provisions on the procedures for the confiscation of illegal gains are more principled. The Supreme People’s Procuratorate carefully studied and summarized specific application issues in judicial practice, and actively cooperated with the Supreme Law in January 2017 to promulgate and implement the "Regarding the Application of the Cases of Escape and Hide and Death of Criminal Suspects and Defendants" The Provisions on Several Issues Concerning the Procedures for Confiscation of Illegal Incomes further clarify the scope of crimes, certification standards and case handling procedures applicable to the procedures for confiscation of illegal incomes, greatly enhancing the operability of the procedures and promoting the application of the procedures in accordance with the law.

　　From January 2013 to January 2017, the procuratorial organs accepted a total of 40 cases of duty crimes with the confiscation procedure for illegal income and 43 persons; since January 2017, the procuratorial organs accepted a total of 93 cases of duty crimes with the confiscation procedure for illegal income and 95 persons. The number of cases handled by applying this procedure has increased significantly, and the practical value of the procedure for confiscation of illegal income has initially appeared.

　　The third is to focus on strengthening cooperation and promote the smooth progress of the confiscation procedures of illegal income in accordance with the law.

On the one hand, do a good job of cooperating with supervisory organs.

For supervisory agencies to investigate cases of duty-related crimes for which illegal income confiscation procedures are to be applied, the procuratorial agency seriously organizes intervention and review, actively assists in the pursuit of escape and stolen goods, seizure of money and property involved in the case, promotes the improvement of fixed evidence, and promptly submits an application for confiscation to the court in accordance with the law.

On the other hand, strengthen communication and consultation with the court to promote consensus on the application of certification standards and procedures.

For the court to hear the application for confiscation of illegal income, personnel shall be sent to the court in accordance with the law to present and read out evidence on relevant facts to ensure the quality and effect of the case of confiscation of illegal income.

　　The fourth is to focus on supervising and guiding the handling of key cases, and give full play to its exemplary and leading role.

According to the unified deployment of the Central Office of Fleeing Fleeing, we will keep an eye on the "red-pass personnel" who have not yet returned to the case, and fully cooperate in the work of chasing fleeing and recovering stolen goods.

The Supreme Procuratorate has included the duty-related crime cases involving absconding abroad, at county level or above, involving huge amounts of money, and strong social reflections, into the scope of key supervision, and actively promote the application of illegal income confiscation procedures for those who meet the conditions.

The confiscation of illegal income of "hundred red-pass personnel" Bai Jing and Xu Jin were all listed as key cases supervised by the Supreme People's Procuratorate.

　　While carrying out the supervision work, we pay attention to follow-up and guidance work. According to the characteristics of different cases, we adhere to the rule of law thinking and the rule of law, adhere to the bottom line of procedural justice, flexibly grasp the application of policies, and strict case quality standards to ensure good political, legal and legal effects. Social effects, and properly conduct case-handling publicity and case compilation and issuance, and give full play to the exemplary and leading role of major cases.

　　Fifth, pay attention to fully protect the legal rights and interests of criminal suspects, defendants, their close relatives, and other interested parties to ensure that cases are handled objectively and fairly.

In handling cases involving the confiscation of illegal proceeds for duty crimes, the procuratorial agency pays great attention to protecting the legal rights of criminal suspects, the defendant’s close relatives and other interested persons and their litigation agents, promptly informs of litigation rights, and earnestly listens to opinions. Examine the objections and claims raised by them, and give full consideration to reasonable opinions and claims supported by evidence in a timely manner when deciding to file an application, and focus on the proof and defense of their objections and claims when they appear in court, and strive to improve The effect of the application of the confiscation procedure of illegal gains.

　　also,

At the meeting, Shi Weizhong informed the basic situation of the 32nd batch of guiding cases of the Supreme People’s Procuratorate:

——Bai Jing's case of confiscation of illegal proceeds from corruption.

Bai Jing and Fan Moumou (handled in another case) jointly committed corruption crimes. Bai Jing fled abroad. The supervisory agency filed a case for investigation on suspicion of corruption, and raised opinions on the confiscation of illegal proceeds of 11 properties and some bank funds involved.

The procuratorial agency found that two of the properties and bank funds did not meet the corresponding certification standards, and with the consent of the business supervision agency, an application for confiscation of the other nine properties was filed.

The court adopted the opinion of the procuratorial organ after trial and achieved good results.

　　——Peng Xufeng accepted bribes, Jia Siyu accepted bribes, and confiscation of illegal proceeds from money laundering.

Peng Xufeng alone or in conjunction with his wife Jia Siyu and his younger brother Peng Mou received bribes totaling more than 230 million yuan and US$120,000.

In addition to arranging for Peng to buy real estate in China and lend it to others, Peng Xufeng and Jia Siyu also arranged for Peng to transfer a large amount of stolen money overseas through underground banks for the purchase of real estate, national debt and immigration in 4 countries. .

The procuratorial organs give full play to their functions, promptly submit a list of supplementary evidence, and improve and fix relevant evidence.

After review and research, the property involved in the case abroad and related domestic property were included in the illegal income confiscation procedures to apply for confiscation.

After the People's Court makes a ruling, it is recognized and enforced by the relevant country.

　　-Huang Yanlan's case of confiscation of illegal proceeds from corruption.

Huang Yanlan used the stolen money obtained from corruption crimes to purchase large amounts of real estate in full payment or mortgage loans from banks.

In order to conceal the real estate and avoid being seized by the court due to debt disputes, it registered the real estate involved in the case under the names of its relatives and friends.

During the court hearing, Huang Yanlan's relatives and friends filed objections to the procuratorial agency's application for confiscation and claimed rights to property under her own name. The procuratorial agency provided evidence, cross-examination, and defense for the objections during the court trial, effectively refuting their unreasonable demands.

At the same time, the three banks handling mortgage loans proposed to enjoy mortgage guarantee claims on the real estate involved in the case and applied for priority compensation. The procuratorate reviewed that they were ignorant of the secured property as illegal income and should be recognized as a bona fide third party in accordance with the law, and their claims were legal. Rights and interests should be protected.

The court accepted the opinions of the procuratorial organs.

　　—— The confiscation of illegal income of Ren Runhou's bribery and huge amount of property from unknown sources.

Ren Runhou died before filing the case, and the procuratorial organs applied the confiscation procedures for illegal income in accordance with the law.

Given that Ren Runhou is dead and unable to explain the source of his huge amount of property, the procuratorial organ investigates his close relatives and related interested parties, who will explain the source of the property, and the close relatives and related interested parties cannot explain the source or the source of the property. If it is verified that the source stated is not true, it shall be deemed as illegal income according to law and be confiscated.

In the accounts frozen in the case, the original principal produced more than 1.6 million yuan in interest. Because more than a hundred deposits were involved, and the maturity and interest rates were different, it was difficult to determine the illegal gains.

The procuratorial organ researched and proposed that the amount of the illegal income can be determined based on the ratio of the illegal income to the legal property in the entire case.

The court accepted the opinion of the procuratorial organ after trial.