What is the procedure of criminal recovery of illegal income?
(1) Application: The application for confiscation of illegal income shall be filed by the municipal procuratorate at the place where the crime was committed or where the criminal suspect or defendant lived to the corresponding intermediate court. If the defendant dies during the trial, the court of first instance can also accept the application.
(2) Court review and acceptance: The court shall review the application for confiscation of illegal income within 7 days and decide whether to accept it. If it decides to accept the case, it shall make an announcement within fifteen days, and the announcement period shall be six months. Announcement scope: It should be published in national public newspapers or court official website, and posted and publicized on the court bulletin board. If the court has mastered the contact information of the criminal suspect, the defendant's close relatives and other interested parties, it shall directly inform and record it.
(3) The criminal suspect, the close relatives of the defendant and other interested parties participate in the proceedings. The above-mentioned personnel shall apply to participate in the litigation within the announcement period, and may entrust an agent. Other closely related persons refer to those who claim ownership of the property for which confiscation is applied.
(4) trial. After the expiration of the announcement, the court shall form a collegial panel for trial. Depending on the circumstances, the court will make a ruling on confiscation or rejection of the application.
(5) Termination of trial: In the process of confiscation of illegal income, if the criminal suspect or defendant is brought to justice, the trial shall be terminated.
(6) Relief for refusing to accept the application for confiscation or rejection of the ruling: A. If a criminal suspect, a close relative of the defendant or other interested parties refuses to accept the ruling on confiscation of property, they may appeal within five days from the date of receiving the ruling; If the procuratorate refuses to accept the ruling of rejecting the application, it may also lodge a protest within five days.
B. After the ruling of confiscation of illegal income takes effect, if the criminal suspect or defendant comes to the case to raise objections, the court shall handle them separately according to different situations: if the original ruling is correct, it shall be upheld; If the original ruling is indeed wrong, the original ruling shall be revoked and the property involved shall be disposed of together.
C correct the effective ruling of confiscation of illegal income according to the procedure of trial supervision.
Article 64 of the Criminal Law of People's Republic of China (PRC) stipulates that 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.
Generally speaking, the procedure of confiscation of illegal income stipulated in the Criminal Procedure Law is commendable and of great significance to combating corruption, bribery and terrorist activities.
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Legal basis: Article 245 of the Criminal Procedure Law of People's Republic of China (PRC), public security organs, people's procuratorates and people's courts shall properly keep the property and fruits of criminal suspects and defendants that have been sealed up, detained or frozen, and make a list and transfer it with the case. No unit or individual may misappropriate or dispose of it by itself. The lawful property of the victim shall be returned in time. Contraband or articles unsuitable for long-term preservation shall be disposed of in accordance with relevant state regulations. Physical objects as evidence shall be transferred with the case. If it is not suitable for transfer, the list, photos or other supporting documents shall be transferred with the case. The judgment made by the people's court shall deal with the sealed-up, distrained and frozen property and its fruits. After the judgment made by the people's court takes effect, the relevant authorities shall deal with the sealed-up, distrained and frozen property and its fruits according to the judgment. The seized, detained and frozen stolen money and its fruits shall be turned over to the state treasury, except those returned to the victims according to law. Judicial personnel who embezzle, misappropriate or privately dispose of the seized, distrained or frozen property and its fruits shall be investigated for criminal responsibility according to law; Those who do not constitute a crime shall be punished.