The 32nd batch of guiding cases were recorded

2022-05-12 0 By

Building shall be subject to the practice of the illegal gains confiscated program samples – the highest checked 32 batch of guiding cases come down if the embezzlement and bribery crimes and other major crimes of the criminal suspect or defendant escape or death, so that the common criminal procedure cannot continue, cause a lot of illegal income property loss, cannot be recovered, how to do?There is a special procedure to resolve this dilemma.According to criminal procedure law, “for embezzlement and bribery crime, terrorism and other major crimes, the criminal suspect or defendant escaping, on wanted can not present himself a year later, death or criminal suspects and defendants, his illegal gains shall be recovered, and the other in accordance with the provisions of the criminal law of the property involved in the case, the people’s procuratorate may submit an application to the people’s court for the illegal incomes confiscated.”The procuratorial organ plays an important role in the special procedure of confiscation of illegal gains.On December 9, 2021, the SPP for the first time issued a guiding case on the application of the confiscation procedure of illegal gains for job-related crimes.What kind of consideration is behind the introduction of this batch of guiding cases?What are the key issues in case selection?What impact will the guiding case have in the subsequent work?Reporter one belt you “decrypt”.Emphasizes the representative manifests the procuratorial organs move started “the strong leadership of the CPC Central Committee and the central commission for discipline inspection committee under the overall coordination, procuratorial organs to fully implement xi thought of rule of law, sets up the general situation consciousness, enhance the political stance, continue to strengthen with the supervisory organ, the people’s court and pursuit recover stolen money or goods work coordination mechanism of collaboration with other members of the unit, give full play to the function,We will make positive contributions to the international anti-corruption work of fugitives and asset recovery.”At the press conference, shi Weizhong, director of the Third Procuratorial Office of the Supreme People’s Procuratorate, introduced it.In order to strengthen the duty crime is the illegal income confiscated work procedure, better guidance around the in-depth study, solve the problems in the process of apply as early as in July 2020, check the third highest warrant to the provincial procuratorate duty crimes prosecutors recruited for illegal incomes confiscated procedure of typical cases of duty crime.”Six cases were selected from the cases submitted by the provinces and revised to form the Draft of Typical Cases of Duty Crimes applicable to The Confiscation of Illegal Income Procedure (For Comments), and opinions were solicited from the National Supervisory Commission, the Supreme People’s Court, the relevant internal organs of the Supreme People’s Procuratorate and the duty crimes procuratorial departments of provincial procuratorates.”Gao Fengzhi, chief prosecutor of the Third Procuratorial Office of the Supreme People’s Procuratorate.Members of the case team of the People’s Procuratorate of Hohhot, Inner Mongolia Autonomous Region, discuss the confiscation case of Bai Jing’s illegal gains from corruption.In November 2020, the Court made a ruling on the confiscation of illegal gains in the Bai Jing case investigated by the Supervisory Commission of The Inner Mongolia Autonomous Region and put forward opinions on the confiscation of illegal gains.This provides new material for guiding cases.”On the basis of the original typical case draft, we have further screened and continuously revised and improved, forming the current four guiding cases.”Gao Fengzhi told reporters that the four guiding cases were bai Jing’s confiscation of illegal income from corruption;Peng Xufeng bribery, Jiasi language bribery, money laundering illegal income confiscation case;Confiscation of Illegal proceeds from Huang Yanlan’s embezzlement;Ren Runhou took bribes and confiscated illegal income from unknown source of huge property.Gao Fengzhi, a journalist, said: “The reason why the four cases are selected is that the courts of the four cases have made illegal gains confiscation rulings and effective, with strong representativeness and typicality, has a certain exemplary role in the practice of handling cases.On December 9, 2019, the case of Peng Xufeng taking bribes, Jia Siyu accepting bribes and confiscation of illegal income from money laundering was heard in Yueyang Intermediate Court of Hunan Province. Yueyang Procuratorate sent officers to court to support the prosecution.The picture shows the public prosecutor reading the application for confiscation of illegal gains.– The reasons for applying the confiscation of illegal income procedure are representative.Reporters noted that the Bai Jing case, Peng Xufeng, Jia Si yu case, Huang Yanlan case because the suspect fled abroad, wanted a year after the case and the application of special procedures, Ren Runhou case is because the death of the suspect and the application.– The identities of criminal suspects are representative.It is reported that Bai Jing and Huang Yanlan are among the “100 red pass personnel”, Peng Xufeng is the “red pass personnel”, Ren Runhou is China’s first case due to the death of illegal income confiscation procedures for criminal suspects.– The amount of illegal gains confiscated is representative.Case data show that the amount of illegal gains confiscated in 4 cases is particularly huge.Among them, the property confiscated by the court in the cases of Peng Xufeng and Jiasiyu, in addition to illegal gains in China totaling more than 100 million yuan and gold products, also includes illegal gains in 4 foreign countries totaling 5 properties, national bonds totaling 2.5 million euros and 500,000 dollars.– The guiding significance of the case is also representative.For example, in the cases of Peng Xufeng and Jia Siyu, some of the confiscated property involved lacked overseas evidence, and there was a dispute over whether it could be identified as illegal income. The procuratorial organs accurately grasped relevant standards of proof, demonstrated that part of the overseas property was illegal income and applied for confiscation.In the case of Ren Runhou, ren Runhou was suspected of the crime of having a huge amount of property of unknown origin, but since he had died, the source of the property could not be explained. The procuratorial organ believed that the determination of the illegal income of the crime by the special procedure was in essence the confirmation of the property ownership that obviously exceeded the legitimate income, and did not involve the conviction and punishment of the criminal suspect.During the period of soliciting opinions on the application of the procedure of confiscation of illegal income typical cases of duty crimes, the Third Procuratorial Office also received a lot of feedback.”After careful study of these feedbacks, we basically adopted them and integrated them into a ‘Guiding Case for The Application of Illegal Income Confiscation Procedure for Duty Crimes’ (Discussion draft).”Gao Fengzhi said.Gao Fengzhi said, for example, the case highlights the procedural, professional and normative nature of the confiscation procedure of illegal gains, emphasizes the rule of law thinking and method, and according to the characteristics of the specific cases of the four cases, added differentiated content to further highlight the key legal issues involved in the case.The case retains the expression of “confiscation of illegal gains” in the title, so as to highlight that these cases are all cases applying the confiscation procedure of illegal gains. Keywords of each case are adjusted according to the modification of guiding significance to highlight the differences.In the introduction of the basic case, the contents related to illegally obtained property are added to highlight the characteristics of the application case for confiscation of illegal income.In July 2021, the discussion draft was submitted to the 45th meeting of the Supreme People’s Procuratorate Case Steering Working Committee for discussion, and detailed research was carried out on the presentation of each case.In the Case of Baek Jeong, it was requested to explain why only nine of the 11 houses that the prosecution requested to confiscate were confiscated.In the case of Peng Xufeng and Jia Siyu, it is required to set forth what certification standards should be met for determining that overseas property is illegal income.For yan-lan huang case clear procuratorial organs, where applicable, the illegal income confiscated program, should undertake criminal facts and apply belong to the illegal gains confiscated property and other property involved the burden of proof, and how to prove that stakeholders do not know or should not know the conditions of the property of the illegal income.In the Case of Ren Runhou, it is required that the contents involved in the performance of procuratorial organs should be accurately described in accordance with legal provisions.”After the end of the meeting, we in the revision of special attention to grasp the guiding significance of the case to improve the political position, highlighting the application of illegal income confiscation procedures for in-depth anti-corruption struggle, strengthen the construction of party conduct and clean government, promote the international work of fugitive recovery and asset recovery, show the good image of fair justice in our country.”Gao Fengzhi said.After the discussion, the guideline cases were finalized and submitted to the SPP for approval.After that, according to the deliberation opinions of the Procuratorial Committee, some contents of the case were elaborately revised and perfected, and the final draft was finalized.The legal basis for the procedure for confiscation of illegal gains in handling cases dates back to 2012, when the Criminal Procedure Law was revised to add a special procedure for confiscation of illegal gains.When the Criminal Procedure Law was revised in 2018, the provisions in the 2012 revision were followed.In January 2017, the highest method, inspection jointly promulgated on the applicable criminal suspects or defendants escaping, death cases provisions on some issues of the illegal income confiscated program, further defined the illegal income confiscated program on charges applicable scope, standard of proof and the handling process, greatly increase the maneuverability of the program.With the increasingly severe and complex situation in the fight against corruption, the work of fugitive pursuit and asset recovery has entered a critical stage and a deep water area. The number of cases of duty crimes handled by procuratorial organs applying this procedure is generally small, the quality and effect of handling cases need to be further improved, and some problems concerning the application of law need to be further studied and solved.These instructive cases provide practical samples for solving applicable problems and other “mysteries”.When applying for confiscation of illegal gains, the procuratorial organ shall accurately grasp the certification standards for the identification of illegal gains.If the evidence on record cannot prove that part of the property belongs to the illegal gains of the criminal suspect or defendant or other property involved in the case, the property shall not be included in the scope of the application for confiscation.The procuratorial organ attending the court hearing of the case applying for confiscation of illegal gains shall, after providing necessary evidence for the criminal facts, focus on providing evidence that the property applying for confiscation belongs to illegal gains.”In bai Jing’s case, supervisory authorities sealed up, seized and froze 11 properties belonging to Bai Jing’s relatives during the investigation. After examination, the procuratorial organs concluded that two of the properties did not meet the corresponding standards of proof and did not apply for confiscation of illegal gains.”Gao Fengzhi said for example.Language “in Peng Xufeng, jasper, documented evidence, outside jasper language to transfer the remittance to buy the same period, Peng Xufeng repeatedly will arrange others bribery money transfer to a foreign bank accounts, jasper language remittances significantly greater than the money that buy a house, so Peng Xufeng, jasper to purchase property shall be deemed as highly likely from Peng Xufeng bribery,The prosecution applied for confiscation of illegal gains from the property.Gao Fengzhi introduction.The procuratorial organs should accurately apply the proof standard of “high possibility” and identify overseas properties that need to file an application for confiscation of illegal gains in accordance with the law.Upon examination, there is evidence to prove the criminal suspect or defendant will move the illegal income to the overseas, spending less than the transferred abroad to purchase property of the illegal income, and the criminal suspect or the defendant is not enough to pay the overseas purchase of the property of other sources of income, can maintain its property in overseas purchase highly likely belongs to the need to apply for the confiscation of illegal income.Members of the case team of the People’s Procuratorate of Guangxi Zhuang Autonomous Region discuss the confiscation case of Huang Yanlan’s illegal gains from corruption.”Huang Yanlan’s case involved 23 real estate, Huang Yanlan used the funds obtained from corruption to pay the down payment, and then purchased the property from three banks in the form of mortgage loans. The three banks carried out mortgage in accordance with the law and agreed the scope of creditor’s rights.”For example, Gao fengzhi said, “During the lawsuit, the three banks proposed that the loan contract of the property involved is legal and valid, and should be compensated first in accordance with the law.After examination, the procuratorial organs concluded that the three banks neither colluded with Huang, nor knew that Huang’s down payment for the house purchase was embezzled money, so they should be identified as a bona fide third party and their legitimate rights and interests should be protected.”According to the law, in a criminal case involving a huge amount of property whose source is unknown, if the person cannot explain the source of the property due to his or her death, he or she shall determine whether it is illegal income according to law based on the sources explained by his or her close relatives or the claims of rights and evidence provided by other interested parties.If illegal income is mixed with legal property and fruits are accrued, the illegal income fruits may be calculated on a proportional basis.In June 2017, the case of Ren Runhou taking bribes and confiscating illegal income of a huge amount of property from unknown sources was heard publicly in the Intermediate Court of Yangzhou city, Jiangsu Province.Irreverent comedy volunteers introduction, embellish thick case in office, the procuratorial organ is the criminal suspects and their families name property and family big spending amount, minus the lawful income family and close relatives and other interested parties may show legal source of income, as a thick Ren Run suspected of the crime huge property’s unclear source of the illegal income, apply for illegal incomes confiscated.”These guiding cases provide answers to the application of law problems encountered in practice, and hope to play a guiding role in the handling of such cases by procuratorial organs at all levels.””Prosecutors will also continue to implement Xi Jinping’s thought on the rule of law and the revised Criminal Procedure Law, using the confiscation of illegal gains as a legal weapon in accordance with the law, and using the rule of law thinking and approach to promote international anti-corruption fugitives and asset recovery work,” Shi said.Source: Procuratorial Daily Producer: Li Guangping Editor: He Cheng Editor: Zhao Weijiang