Procuratorate of top people court, top people, the Ministry of Public Security collects money illegally about dealing with statute of criminal case comfortable use the opinion of a certain number of problems

(Fair understand a word [2014]16 date)

Each province, municipality, municipality directly under the Central Government is advanced people court, people procuratorate, public Security Department, bureau, procuratorate of court of liberation army military affairs, military affairs, production of senior people court builds the The Xinjiang Uygur Autonomous Region corps branch department, xinjiang production builds corps people procuratorate, public security bureau:

In recent years to solve court of procuratorate of public security mechanism, people, people is being dealt with collect money illegally the problem that encounters in criminal case, punish to absorb the public illegally lawfully deposit, collect money the crime such as bilk, according to the regulation of procedural law of criminal law, criminal, combine judicatory practice, deal with now collect money illegally problem of statute of criminal case comfortable use offers the following opinion:

One, the issue that holds about administration

Service is maintained to the property that collects money illegally, not be to collect money illegally criminal case enters criminal proceeding surely classics program. Service did not make property maintain to collecting money illegally, do not affect collect money illegally the investigation of criminal case, sue and try.

Court of procuratorate of public security mechanism, people, people ought to hold the property of case fact lawfully, complex to details of a case, property maintains the case of difficulty, can consult the cognizance opinion of concerned branch, make property maintain according to case fact and legal provision.

2, about " publicize publicly to the society " cognizance problem

" top people court collects money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " the first the first the 2nd medium " publicize publicly to the society " , include to disseminate the information that draws fund to social community with all sorts of ways, and know perfectly well the message that draws fund to diffuse and give to social community the case such as indulge.

3, about " social community " cognizance problem

Following scenario is not belonged to " top people court collects money illegally about cognizance criminal case is particular applied law the explanation of a certain number of problems " of the first the 2nd section provision " draw fund in the light of specific target " behavior, ought to maintain to draw fund to social community:

(One) be in to relatives and friends or in the process that unit interior personnel draws fund, know perfectly well relatives and friends to unit interior personnel draws fund to not specific target and perhaps give the; of indulge

(2) it is a purpose in order to draw fund, recruit social personnel for unit interior personnel, draw fund to its.

4, handle an issue about what commit a crime jointly

Absorb capital illegally to provide a help to social community for other, from which the charge such as the collection representative cost, benefit expenses, cost that return a dot, commission, deduct a percentage from a sum of money, form what collect money illegally to commit a crime jointly, ought to investigate criminal duty lawfully. Can retreat capture in time of afore-mentioned charge, can punish; lightly lawfully among them the clue is slight, can punish; clue in order to absolve remarkable and slight, harm is not great, nonfeasance crime is handled.

5, the pursue and wipe out about experience case property and deal with problem

The fund that draws illegally to social community attributes illegal gain. With absorption fund to collect money the redound such as the interest that shares a person to pay, share out bonus, and the charge such as the acting cost that absorbs capital personnel to pay to the help, benefit expenses, cost that return a dot, commission, deduct a percentage from a sum of money, ought to lawfully pursue and wipe out. Collect money participate in person capital to have not remand, pays get one's own back can grant to fold reach principal.

Use the fund that draws illegally and its changeover property at pay off debt to perhaps transfer another person, have one of following state, ought to lawfully pursue and wipe out:

(One) other is known perfectly well is afore-mentioned capital reach property and the; of collection

(2) the; that other free acquires afore-mentioned capital and property

(3) the; that other reachs property with obtaining afore-mentioned fund under the price of the market apparently

(4) other obtains afore-mentioned capital and property department to result from the; that illegal debt perhaps violates guilty activity

(5) other lawfully ought to the case of pursue and wipe out.

Close down, sequestered, frozen is easy devalue reach cost of custodial, conserve taller experience case property, can sell off about the regulation in the according to before lawsuit is terminative, auction. Earning money paid for something purchased or received for something sold by close down, sequestered, freeze mechanism to give custodial, wait for deal with along with all the others after lawsuit is terminative.

Close down, property of case of sequestered, frozen experience, should be commonly after lawsuit is terminative, return still collect money participate in a person. Inadequacy of experience case property is returned entirely return, according to collect money the fund raising that participates in a person frontal scale is returned still.

6, the collection about evidence problem

Deal with collect money illegally in criminal case, truly the limitation because of external condition cannot one by one is collected collect money of the one's words evidence that shares a person, evidence mixes the one's words that the fund raising that can be united in wedlock to already was collected participates in a person to be collected lawfully and check belongs to account of solid written contract, bank to trade proof of record, accountant and accountant Zhang book, capital receives Fu Ping the evidence such as data of electron of report of card, audit, Internet, maintain integratedly collect money illegally target number and absorb the guilty fact such as capital number.

7, the processing problem about involving civil case

Investigating to court of procuratorate of public security mechanism, people, people, sue, collect money illegally of cognizance criminal case, concerned unit or the individual mentions to people court with respect to same fact civil suit perhaps applies for to carry out experience case property, people court ought to not grant to accept, move concerned material send public security office or procuratorial work mechanism.

People court perhaps carries out a process in cognizance civil case in, hair is existing and illegal collect money of guilty suspicion, ought to rule reject sue or break down is carried out, move concerned material in time send public security office or procuratorial work mechanism.

Court of procuratorate of public security mechanism, people, people is being investigated, sue, cognizance collects money illegally in criminal case, the civil case that discovery and courtyard of person civil code are hearing belongs to same fact, the property that perhaps is carried out by application belongs to experience case property, ought to report relevant people court in time. People court thinks to belong to those who be suspected of crime truly via examining, the money before according to sets processing.

8, about crossing the processing problem of area case

Cross area to collect money illegally criminal case, in make a thorough investigation of on the foundation of guilty fact, can handle respectively by court of procuratorate of the public security mechanism of different area, people, people.

Collect money illegally to dividing what manage somewhere else to cross region criminal case, ought to according to unite the plan that make to deal with experience case property.

Deregulation of national office working personnel deals with experience case property, make the crime such as dereliction of duty, ought to investigate criminal duty lawfully.

Top people court

Top people procuratorate

The Ministry of Public Security

On March 25, 2014