The judgment of the second instance was returned to the enterprise not involved 17.
Yuan Chengjia, a native of Benxi, Liaoning Province, was a well-known local entrepreneur before serving his sentence. Before the incident, there were 22 enterprises that actually controlled their operations.
2010111,Yuan Chengjia was criminally detained by the local police on suspicion of intentional injury. 20 14, 14 In June, the Intermediate People's Court of Yingkou City, Liaoning Province sentenced Yuan Chengjia to 20 years' imprisonment on six counts, including the crime of organizing and leading underworld organizations and the crime of intentional injury. His wife Xie was also sentenced to three years and five months in prison. In addition, the court also decided to recover and confiscate the funds and vehicles in 22 enterprises actually controlled by Yuan Chengjia and their accounts.
Thank you. I can't think of it. Although their husband and wife were convicted, should all the property under their names be confiscated?
20 15, 1 1, Liaoning provincial high court made a second-instance judgment on this case. While maintaining the conviction and sentencing of Yuan Chengjia and Xie by the court of first instance, the judgment of the court of first instance on the property involved was adjusted.
The Higher People's Court of Liaoning Province believes that the existing evidence cannot prove that Yuan Chengjia 17 enterprise and its account funds are used for illegal and criminal activities, which is related to organized crimes of a triad nature. The funds, vehicles and frozen funds in these enterprises and enterprise accounts were improperly recovered and confiscated, and the judgments were returned by the seizure, seizure and freezing organs according to law.
In addition to these 17 enterprises, the court also sentenced Yuan Chengjia and his family's various properties and enterprises irrelevant to the case, including deposits and shares in banks, as well as legal property such as 20 million yuan assets owned by Yuan Chengjia before the establishment of the underworld organization in 2003, including a large number of valuables such as 300 boxes of Moutai seized.
Hundreds of millions of unpaid property were sold.
After a lapse of more than two years, the Liaoning Provincial Public Security Department has not made a clear statement about other legal properties, including 17 enterprises, except for returning some property. According to the court's judgment, the property seized and detained by the case-handling organ in that year should be mainly returned in five parts:
The first part is about 17 enterprises that have been identified as having nothing to do with underworld crimes and their income; The second part is the deposits in Yuan Chengjia's and his family's accounts and the accounts of non-mafia-related enterprises;
The third part is foreign investment including bank equity;
The fourth part is Yuan Chengjia's assets of 20 million yuan before the establishment of the underworld organization in 2003;
The fifth part is watches, gold bars, calligraphy and painting, jade and other valuables including Moutai.
After the second trial, the Liaoning Provincial Public Security Department returned 380 million yuan, and hundreds of millions of yuan have not been returned, including personal deposits and related interest, as well as a large number of foreign investments by Yuan Chengjia. And most of these properties have been difficult to return.
For example, Benxi Marriott International Hall, one of the enterprises that should have been returned to Yuan Chengjia, not only became a building materials city, but also was transferred out long before the court's decision. Most other enterprises that should be returned have similar situations, so the return work is difficult.
Interest-driven chaos in property management.
Experts said that the reason why the court decision is difficult to implement now is because before the final judgment, the case-handling organ illegally disposed of the seized property involved.
Experts also pointed out that in previous cases, it is not uncommon to dispose of the property involved in violation of regulations, and these problems are actually profit-driven.
Chen Weidong, Professor of Law School of Renmin University of China:
The original deduction belongs to who, and it is used to offset the funds for handling cases by political and legal organs. Later, two lines of revenue and expenditure were implemented, and the funds for handling cases were paid by special finance. However, in the process of separating revenue from expenditure, proportional return has been implemented almost at the same time in all parts of the country, that is to say, the more the case-handling organs investigate, the more they deduct and the more they pay. This system must be resolutely abolished. In the future, any political and legal case-handling organ can never get any economic benefits from the seizure and seizure of frozen property.
Improve laws and regulations and strengthen property rights protection.
How can Yuan Chengjia and Xie get their legal property back? Just as the return work was struggling, since 20 16, the central government has deepened the reform in the field of property rights protection and constantly introduced new policies, which has given them hope.
20 1 1 161On October 4th, the Central Committee and the State Council issued the Opinions on Improving the Property Rights Protection System to Protect Property Rights according to Law. Experts said that in the past judicial practice, there was indeed a phenomenon of ineffective protection of property rights and even infringement of legitimate property rights. These problems have had a negative impact on China's social and economic development and need to be solved urgently.
The opinions issued by the Central Committee clearly pointed out that it is necessary to properly handle historical property rights cases, insist on correcting mistakes, pay close attention to screening and correcting a number of complaints about property rights disputes that have been strongly reflected by the society, and analyze a number of property rights infringement cases. Complaints about property disputes involving major property disposal are really misjudged cases with unclear facts, insufficient evidence and wrong application of laws, which should be corrected according to law and compensate the losses of the parties concerned.
2065438+0165438 On October 28th, 2006/KLOC-0, the Supreme Law promulgated the Opinions on Giving Full Play to Judicial Functions and Strengthening Judicial Protection of Property Rights. On February 28th, 20 16, the Ministry of Public Security issued a notice to the national public security system, requesting to study and implement the Opinions on Improving the Property Rights Protection System and Protecting Property Rights according to Law.
Apply for state compensation to solve the problem of returning goods
Seeing the new measures introduced by the central government and the gradual improvement of laws and regulations, Xie saw hope. She hired a lawyer and decided to solve the problem of returning property by applying for state compensation.
In this application for state compensation, the applicants Yuan Chengjia and Xie requested the Liaoning Provincial Public Security Department to return the 17 enterprise, the income generated by the normal operation of the 17 enterprise, the principal and interest of personal accounts and enterprise accounts, and the direct economic losses such as bank fund-raising and settlement of lease rights agreements totaling RMB 3.73 billion. They also requested the return of watches, gold bars, calligraphy and paintings, etc.
The application for state compensation has been accepted and the result is undecided.
Compared with applying for the execution of the second-instance judgment, the attorney said that the legitimate rights and interests of Yuan Chengjia and Xie can be better protected through state compensation.
The state compensation expenses shall be borne by the state finance. If the public security department really can't compensate, or if a certain item is not well implemented, it will be paid by the financial department.
The Liaoning Provincial Public Security Department has officially accepted this huge application for state compensation. Although the final compensation result has not yet been determined, this experience has made Xie more and more confident in returning the property.
The law is constantly improving, and I believe that the couple will definitely get their legal property back!