Criminal law of the people's Republic of China
Article 64? Disposal of criminal articles All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Identification of stolen money and goods
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.
According to the laws of our country, more criminals should be recovered or ordered to make restitution of the property illegally obtained, than the public, procuratorial and legal organs. No matter which agency handles it, there are only three situations in which the stolen money belongs:
First, the stolen money is transferred to the court with the case and handled by its judgment.
Second, the stolen money and goods in the concluded cases were turned over to the state treasury through the financial department. It is this part of the property that has caused disputes among the public, procuratorial and legal organs about the transfer.
Third, return the injured legal person or natural person according to law.