Scope of confiscation of personal property

The scope of confiscation of personal property refers to some or all of the personal property owned by criminals. The so-called personal property owned by criminals refers to the property actually owned by criminals themselves and the property that has a legal share with others. Property owned by criminals and property owned by criminals' families or others should be strictly distinguished. Only property owned by criminals can be confiscated according to law. As for whether to confiscate part or all of the property, the following factors should be considered: (1) the severity of the principal punishment imposed on the criminal; The financial situation of the criminal's family; The criminal's personal danger. if all the property is confiscated, necessary living expenses shall be reserved for the criminals and their dependents, so as to maintain the life of the criminals and their dependents. When property is confiscated, the property belonging to the criminal's family or the property due to the criminal shall not be confiscated. The so-called family-owned property refers to the property solely owned by family members, such as the clothes worn by family members themselves and the property obtained from personal labor. The so-called family-owned property refers to the property owned by the family and the property that should belong to the family. The property owned by criminals and others, and the part owned by others, shall not be confiscated.

how to confiscate personal property?

1. About the execution of fines. The fine shall be paid in one lump sum or in installments within the time limit specified in the judgment. If the payment is overdue without reason, the people's court shall make it compulsory. If the payment cannot be made in full after compulsory payment, if the people's court finds that the person subjected to execution has property available for execution, it may recover it at any time, including after the execution of the principal punishment.

if it is really difficult to pay the fine due to irresistible disasters, you can apply to the people's court for relief. Upon verification, the people's court may make an order to reduce or waive the amount of the fine determined in the original judgment.

if the administrative organ has imposed a fine on the defendant for the same fact, the people's court shall set it off when imposing the fine.

2. On the execution of property punishment. Confiscation of property refers to the confiscation of part or all of the property owned by criminals. If all the property is confiscated, the necessary living expenses shall be reserved for the criminals and their dependents. If the legal debts owed by criminals before confiscation of property need to be repaid with confiscated property, they should be repaid at the request of creditors.

if a criminal sentenced to property punishment has no property available for execution in the local area, the people's court that made the judgment may entrust the people's court where the criminal's property is located to execute it on his behalf. If the people's court that executes on behalf of it executes or cannot execute on behalf of it, it shall promptly notify the entrusted people's court of the relevant situation. The property executed by the people's court on its behalf may be directly turned over to the state treasury; If it is necessary to make restitution, it shall be transferred by the people's court entrusted with execution according to law.

Confiscation of personal property is a kind of punishment for criminals by judicial organs, and the relevant situation should be determined according to the actual situation of the case. The specific scope of confiscation of personal property should be the personal property of criminals, and those that do not belong to their personal property cannot be confiscated.

I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.

Legal basis: "Article 59 of the Criminal Law refers to the confiscation of the criminal's personal or all property. After the confiscation of all property, criminals and their dependents shall keep the necessary living expenses. When property is confiscated, the property belonging to the criminal's family or the property that the criminal is entitled to shall not be confiscated. Article 6 If the lawful debts incurred by criminals before the confiscation of property need to be repaid with the confiscated property, they shall be repaid at the request of creditors.