Top people court is supreme judiciary of people procuratorate the Ministry of Public Security
Deal with about handling the property in case of criminal of black vicious power the opinion of a certain number of problems
To be carried out seriously in the center of sweep about beginning black the great and decision-making deploy that divides evil special accuse and denounce at a meeting, eradicate the economic base that black vicious power commits a crime thoroughly, reach procuratorate of top people court, top people, the Ministry of Public Security, judiciary according to procedural law of criminal law, criminal " commit a crime about dealing with black vicious power case the directive opinion of a certain number of problems " (the law sends 〔 2018 〕 1) wait for a regulation, the belongings in showing case of criminal of black to dealing with vicious power deals with a certain number of problems offer following opinions:
One, overall work requirement
1. When court of procuratorate of public security mechanism, people, people is handling case of crime of black vicious power, in find out black vicious power to the organization violates guilty fact and conviction lawfully to member of black vicious power measurement of penalty while, want to investigate the belongings condition of organization of black vicious power and its member in the round, adopt inquiry to experience case belongings lawfully, close down, sequestered, freeze wait for measure, and the case that the basis proves, make processing lawfully.
Fund place says processing includes to be opposite already before illegal earning of the criminal in experience case belongings, contraband, him property that uses for guilty place and other equivalence belongings lawfully pursue and wipe out, confiscate, also include to wait to be returned lawfully to the lawful belongings of the injured party still.
2. Take step to experience case belongings, ought to statutory requirement and program undertake strict according to. Forbidden close down before put on record, sequestered, freeze property. Every closes down, property of sequestered, frozen, ought to undertake in time checkup, because the program breaks the law,prevent, the influence case cognizance such as working flaw and experience case belongings deal with.
3. Take step to experience case belongings, the relative that ought to be person of guilty suspect, the accused and its place bring up withholds essential maintenance and article.
According to the case particular case, in assure litigant activity on the rails while, can allow to continue about personnel reasonable use property of concerned experience case, adopt keep a cost necessarily custodial measure, in order to reduce the effect that the case deals with pair of normal office and lawful production to manage.
4. Want to destroy the economic base that gangdom property organizes thoroughly, prevent its resurgence. Ought to be in commonly to organizer, leader confiscate an individual total worth. Perhaps organize the move, active participant that hides asset for this to belonging to backbone member truly, can be in confiscate an individual total worth. Knit a member to other group, amount of the number that ought to implement illegal crime activity according to participating in, property, position, action, illegal income and create the scenario such as losing amount, what decide belongings punishment lawfully is applicable.
5. Should dig canvass greatly and hit what organization of black vicious power undertakes to wash lawfully money and conceal, the associated crime that conceals gains of guilty earning, crime earnings to wait for property of property of change experience case.
2, adopt measure to gather evidence in the round lawfully
6. During public security mechanism is investigated, want a foundation " case of conduction criminal of public security mechanism is applicable close down, freeze measure relevant provision " (2013 〕 of the fair 〔 that understand a word 30) wait for concerned regulation, investigate the belongings condition of black vicious power and its member in the round jointly with concerned branch, can need according to lawsuit, go ahead of the rest adopts inquiry to following belongings lawfully, close down, sequestered, freeze wait for measure:
(1) the belongings that black vicious power organizes;
(2) guilty suspect individual all belongings;
(3) guilty suspect is actual pilot belongings;
(4) guilty suspect is contributive bought property;
(5) guilty suspect transfers the property to other under one's name;
(6) guilty suspect is suspected of washing money and conceal, the belongings that conceals the crime such as gains of guilty earning, crime earnings to involve;
(7) other the belongings that reachs its to violate guilty activity to concern with organization of black vicious power.
7. Close down, sequestered, freeze the property of praedial, specific movable etc that already registered, ought to inform about the mechanism that register, closing down, sequestered, during freezing, prohibit be being closed down, belongings of sequestered, frozen is on the move, must not deal with be closed down, sequestered, freeze money property right to belong to the formalities such as change, guaranty. Can extract card of concerned property right to illuminate when necessary.
8. Public security mechanism the experience case belongings to taking step, ought to collect a proof in the round its origin, property, utility, authority belongs to those who reach value to concern evidence, examine judgement whether ought to lawfully pursue and wipe out, confiscate.
Origin of belongings of proof experience case, property, utility, authority belongs to those who reach value to include commonly about evidence:
(1) person of guilty suspect, the accused is belonged to about belongings origin, property, utility, authority, of value for narrating;
(2) the injured party, witness is belonged to about belongings origin, property, utility, authority, the allegation of value, attestation;
(3) belongings buys credential of come-and-go of proof, bank, capital infuse credential, authority to belong to the book card such as the proof;
(4) property value appraisal, evaluate an opinion;
(5) can prove belongings origin, property, utility, authority is belonged to, the other evidence of value.
9. Correspondence of public security mechanism is become lawfully the amount of the belongings of organization of black vicious power and its member amass wealth by heavy taxation in pursue and wipe out, confiscated property and its propagate breath, accrual, can entrust special orgnaization to evaluate; Really cannot accurate calculative, the fact that can find out according to be being reached about legal provision, evidence is reasonable estimation.
Court of people procuratorate, people is entrusted to public security mechanism evaluate, estimated amount has different opinion, can entrust afresh evaluate, estimation.
10. The need of court of people procuratorate, people according to case lawsuit, can take afore-mentioned relevant step lawfully.
3, accurate deal with experience case belongings
11. Procuratorate of public security mechanism, people ought to strengthen pair of on record belongings to examine discriminate. In move send examine sue, when to sue, ought to put forward to handle an opinion to suggest to taking the experience case possession of measure commonly, the experience case possession that will take step and its detailed list are followed case move send.
Procuratorate classics examines people, except to following case move sent experience case worth puts forward to handle meaning regard sb as an outsider, still need to be opposite continue of pursue and wipe out had be notted close down by full specified amount, sequestered other illegal income puts forward to handle an opinion to suggest.
Experience case belongings is unfavorable along with case move send, ought to press the provision that explains according to relevant law, judicatory, offer corresponding detailed list, photograph, kinescope, seal up for keeping formalities, deposit a place specification, appraisal, evaluate opinion, appraise at the current rate to handle the material such as the proof.
12. Close down to shoulding not be, belongings of sequestered, frozen management sex, court of procuratorate of public security mechanism, people, people can apply for local government to appoint concerned branch to perhaps entrust concerned orgnaization to govern on somebody's behalf mandatory perhaps.
Right fragile destroy, destroy break, metamorphism unfavorable and long-term saved article, easy the article such as a light boat of devalueing car, boat, or the belongings such as the bond with old wave motion of market price case, stock, fund, period of efficacy be about to the bill of exchange of at the expiration of one's term of office, cashier's cheque, check, classics obligee agrees to perhaps apply for, and procuratorate of mechanism of public security of above of classics county class, people or main controller approves people court, can sell lawfully, change show or go ahead of the rest is sold off, auction, earning money paid for something purchased or received for something sold by distrain, freeze mechanism to keep, tell party in time or its are close relative.
13. People procuratorate ought to is opposite when the court is tried circumstance of belongings of case of experience of crime of proof black vicious power has quote qualitative card, specific to can proving already evidence is in a blame related the case of experience case belongings that can prove economic feature again specific after be being shown in the blame, OK in economic feature brief specification, repeat no longer show.
14. The court decision that people court makes, except ought to be opposite along with case move sent experience case worth makes processing outside, still ought to mention expressly in judgment need continues pursue and wipe out had be notted close down by full specified amount, sequestered other illegal income; To following case move when sending belongings to undertake handling, the specific name that ought to state relevant belongings, amount, amount, deal with the circumstance. Experience case belongings perhaps concerns party number more, should not be detailed in judgment text state, OK and wraparound narrate and add detailed account additionally.
15. Experience case belongings accords with one of following scenario, ought to lawfully pursue and wipe out, confiscate:
(1) organization of black vicious power and its member carry illegal crime activity the belongings of amass wealth by heavy taxation of other perhaps shocking measure and its propagate breath, accrual;
(2) the belongings that black vicious power organizes a member to carry out amass wealth by heavy taxation of illegal crime activity through the individual and its propagate breath, accrual;
(3) the property that other unit, organization, individual is aided financially to support activity of organization of this black vicious power or offers actively;
(4) individual of the member that the worth that organization of black vicious power and its member get through lawful production, management activity perhaps is organized, family is lawful in belongings, use actually at supporting this part that organizes an activity;
(5) the contraband that black vicious power organizes an illegal hold and him property that use for guilty place;
(6) the property that other unit, organization, individual uses organization of black vicious power and its member to violate guilty activity to get and its propagate breath, accrual;
(7) other ought to pursue and wipe out, confiscatory property.
16. Ought to pursue and wipe out, confiscatory property perhaps already was made over with debt of Yu Qing countervail, perhaps install other right burden, have one of following state, ought to lawfully pursue and wipe out:
(1) the 3rd person is known perfectly well is illegal crime earning and accept;
(2) free of the 3rd person or with acquiring experience case property under the price of the market apparently;
(3) the 3rd person perhaps violates guilty activity to acquire experience case property through illegal debt pay off;
(4) the 3rd person acquires experience case property through other way ill will.
17. Experience case belongings accords with one of following scenario, ought to return lawfully still:
(1) evidential testimony belongs to the injured party clearly lawful belongings;
(2) evidential testimony reachs his clearly to violate guilty activity to have nothing to do with black vicious power.
18. About illegal crime fact check belongs to fact hind, clear to evidence proves authority is belonged to and the injured party that does not have controversy, well-meaning the 3rd person is other perhaps staff is legal belongings and its propagate cease, every returns the profit that still does not injure other interests person, do not affect a case to be dealt with normally, ought to registering, take a picture or after kinescope, return in time lawfully still.
4, lawfully pursue and wipe out, confiscate other equivalence property
19. Evidence proves lawfully ought to pursue and wipe out, confiscatory experience case property cannot be found, be obtained by other kindness, value destroys break or mix with other and lawful belongings and cannot intersected, can pursue and wipe out, confiscate other equivalence property.
To the money before the proof the evidence of all sorts of case, public security mechanism or people procuratorate ought to be moved in time take.
20. The 19th place weighs this opinion " belongings cannot be found " , it is to point to evidence proves to exist lawfully ought to pursue and wipe out, confiscated property, but cannot check of belongings whereaboutldirection, whereabouts. The accused person has different opinion, ought to show relevant evidence.
21. The amount of pursue and wipe out, confiscatory other equivalence property, ought to with cannot the number of direct pursue and wipe out, confiscatory specific property is relative should.
5, other
22. This opinion place says propagate ceases, include natural propagate breath and legal propagate interest.
This opinion place weighs accrual, include but not be confined to is the following case:
(1) the profit that amass wealth by heavy taxation, gotten worth generates directly, if use amass wealth by heavy taxation, gotten worth to buy gains of earnings of lottery win a prize in a lottery to wait;
(2) the profit that amass wealth by heavy taxation, gotten worth uses at violating guilty activity to arise, if use amass wealth by heavy taxation, gotten worth to be put gains of gamble gain earnings, illegally,borrow earnings gains, buy and traffic drugs earnings gains to wait;
(3) the belongings that course of study of amass wealth by heavy taxation, gotten belongings investment, buy forms and its accrual;
(4) in the belongings that amass wealth by heavy taxation, gotten worth and other and lawful belongings invest jointly or buy course of study forms, with the portion of amass wealth by heavy taxation, gotten belongings correspondence and its accrual;
(5) ought to hold the other state that is accrual.
23. The worth of case of criminal of black vicious power that this opinion did not provide deals with the job is other matters concerned, wait for a regulation to deal with according to explanation of relevant law laws and regulations, judicatory.
24. This opinion applies since April 9, 2019.
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