Study On The Procedure Of Confiscation Of Illegal Criminal Cases

The revised Criminal Procedure Law of 2012 established the provisions of confiscation of the illegal proceeds when criminal suspects and defendants escape or death. There are some characteristics different between the general criminal consfication and this recently established procedure, such as confiscating without convicted, there is an announcement before the trial, etc.. This confiscation procedure has broken the shackles of the general criminal procedure, and has a positive effect on fighting against the specific crime and protecting the national assets.This paper makes a conclusion of the significance, the situation and development direction of this program by combining the theory of academic theory and the latest judicial practice. The program can solve the problem that we cannot confiscate when the crime suspect flees or died. It can provide legal basis to combat crimes and safeguard the national profits, and perfect the legal system of China, to promote the development of judicial of our country. According to the results of our country’s existing judicial practice, this program has been playing an important role in fighting against corruption crimes and recovering the national assets.This confiscation of illegal income without convicted procedures gradually exposed some problems with the practises, that should be solved. In the judicial practice, this procedure exists such as the applicable scope of cases, the operation procedure is not reasonable, the standard of proof is not clear and relief measures are not perfect. Some problems because of legal regulation, some of which are due to lack of the relevant provisions, and some are limited of the judicial environment in our country. If we want to improve the program, we should make clear this program is criminal procedure, and should regulate the procedure based on the basic spirit of criminal procedure: First, determining the scope of the program reasonably, limiting scope of the program regulated by judicial organs; Second, perfect the running of the procedures, to further the scope of organs which can start this program, shorten the period of announcement, and advance the confiscating time before criminal suspects died; Third, Establish the the burden of proof and standard of proof in this program with the spirit of criminal procedure law; Fourth, perfect the relief measures for interested persons by legislation, and expand the scope of state compensation.