Illegal money and stolen goods refer to all the property obtained by criminals. Stolen money has two main characteristics:?
On the one hand, it has dual attributes of evidence value and economic value. Illegal money and stolen goods have objective internal relations with the occurrence and development of the real situation of the case, which is of evidential value to the case; ?
At the same time, stolen money and goods also have the characteristics of things in civil law, that is, material entities and natural forces with economic value that people can control. Things in civil law can basically become stolen goods, and their characteristics have not changed because of litigation. ?
On the other hand, the stolen money must be the property obtained by the perpetrator through illegal and criminal means, which is different from the criminal tools, nor is it the legitimate property of the perpetrator, nor is it contraband. ?
The nature of the stolen money should be determined by the court. Stolen money and stolen goods are attached to illegal and criminal acts. There is a direct causal relationship between it and the behavior carried out by the criminal subject. Articles and money themselves do not have the nature of "stolen goods". It is called stolen goods because it is the product of illegal and criminal acts infringing the legal property rights of the subject of rights protected by law, and it exists in the process of litigation. ?
It doesn't matter if it's outside the lawsuit Because money and stolen goods are mutually causal and inseparable from criminal acts, only the money and stolen goods obtained by the court through illegal and criminal acts can be called real money and stolen goods. ?
Extended data:
?
How to deal with the stolen money and its interest after the judgment takes effect?
Due to the different subjects of seizure, seizure and freezing, the people's court has different procedures for handling the property on file after the judgment. ?
1. When accepting a case, the people's court shall examine whether the deposits, remittances, bonds, stocks, fund shares and other funds and materials frozen by the investigation organ are accompanied by original vouchers issued by financial institutions. ?
After the people's court makes an effective judgment, it shall notify the financial institution to turn it over to the state treasury, and then serve the judgment on the relevant financial institution. A financial institution shall send an execution receipt to the people's court within 15 days after receiving the execution notice. ?
2. If the seized, detained or frozen money and stolen goods are not handed over according to law, after the judgment made by the people's court takes effect, the people's court that originally tried the case shall notify the seizure, seizure and freezing organ to turn them over to the state treasury, and at the same time, serve the notice and judgment on the relevant financial organs. The organ that seals up, distrains or freezes shall send an execution receipt to the people's court within 15 days after receiving the notice of execution. ?
3. After the judgment made by the people's court takes effect, the people's court that originally tried it shall handle it according to the effective legal documents. Unless the victim is returned according to law, it will be confiscated and turned over to the state treasury. Except as otherwise provided by law. ?
4. Article 41 of the Provisions of the People's Procuratorate on Seizing and Freezing the Money and Articles Involved stipulates: "The money and articles seized or frozen shall be returned to the victim, and if unclaimed, it shall be announced. If the announcement is unclaimed for one year, it shall be turned over to the state treasury according to law.
If unclaimed funds and materials are turned over to the state treasury and claimed after verification, the people's procuratorate shall apply to the financial department of the government for refunding or returning them. If the original has been auctioned or sold, the price shall be returned. "?
Window of Xishuangbanna Public Security Bureau-Criminal Law
Judicial Identification of China Court Network-Personal Property Used for Crime