Research On The Confiscation Procedures Of Illegal Income From Crime Of Corruption

Over the years, the Criminal Procedure Law does not apply the absentia system, the prosecution of criminal suspects and defendants who are hiding or death was shelved indefinitely, and there is no precise basis to handle the illegal income. Urgent need for fighting against corruption crimes timely and effectively, solving the issue of property involved and compensation, more to meet the judicial practice, the confiscation procedures of illegal income from crime of corruption in the new Criminal Procedure Law came into being. This article does research on the basic theoretical and practical issues of this new procedure, around the provisions of Chapter Ⅲ of Part Ⅴ of the new Criminal Procedure Law.The thesis is divided into four parts:First, start from the theoretical basis by comparing different types of confiscation, and make clear the meaning and scope of the illegal income to define the confiscation procedures of illegal income from crime of corruption. Secondly, summarize the main features of the program. The theoretical basis of this procedure including interests of the measurement principles, efficiency adheres to principles and punishment of offenders and protection of human rights principles of balance. It has the establishment of significance of giving the punishment to the crime timely; deterring the potential perpetrators and requesting for judicial assistance to foreign.The second part introduces the civil forfeiture system in the United States and the United Kingdom, and Corruption Drug Trafficking and Other Serious Crimes<Confiscation of Benefits>Act of Singapore in detail. Combining with the provision of the United Nations Convention against Corruption Article54, paragraph1,3, analysis of the pros and cons of the independent system of confiscation, sum up the foreign advanced legal system and the International Convention on the inspiration of the Criminal Procedure Law.The third part points out the problems may arise in the working of practical process, such as the contradiction between the due process, the uncertain status of China’s Criminal Procedure Law, and there are still legal gaps on the scope of start conditions, certification standards and safeguards.The fourth part answers the questions above one by one. Firstly, set different procedures of contraband and other dangerous goods and the illegal income, set different procedures of the property domestic and abroad. Secondly, put forward suggestions for improvement on operational measures of the confiscation procedures of illegal income from crime of corruption. Thirdly, make clear the scope of the confiscation procedures of illegal income from crime of corruption and create the standard of proof applying to this procedure. Fourth, suggest safeguard measures on open trial, mandatory defense system and revocation system. Finally, improve the compensation measures when cause loss.At this point, the author conducts a comprehensive study of the confiscation procedures of illegal income from crime of corruption from theory to practice. This procedure is the product of the times, and will play a major role in the fight against corruption, asset recovery and realize of litigation purpose and value. Every new system may expose certain problems more or less, this article gives corresponding solutions and prefect views based on program issues that may arise in the course, reference to the foreign beneficial experience and our national conditions.