Study On Recovery Of Property Involved In The Criminal Procedure

The recovering procedure of belongings involved in criminal proceeding is a general term for various procedures applicable in the implementation of foreclosure, distrain, freezing, order for restitute, confiscating illegal gains and belongings of the criminals by the judicial organs. In Chinese criminal substantive law, the treatment of belongings involved in criminal cases can be referred in related judicial interpretations, such as the64th article of Criminal Law, the Supreme People’s Court Rules for Problems in Criminal and Civil Proceedings and etc. In criminal procedure law, there have been specific rules for the foreclosure, distrain, freezing of belongings involved in cases in Criminal Procedure Law of the People’s Republic of China, Procedure Rules of Criminal Cases for Public Security Organs and Rules of Criminal Procedure for People’s Procuratorate. In the fifth specific routine of new criminal procedure passed on March14,2012, the specific routine for confiscating the illegal gains of suspect, escape of defendant and death cases in embezzlement crime and bribery crime, as well as terrorist crimes, which further enriched related contents of the pursuing procedure of belongings involved in cases. Nevertheless, the above rules are still imperfect. The rules in the current laws for the recovery of belongings involved in the cases, order for restitute, confiscating illegal gains in criminal cases are too conservative, and the lack of related treatment procedures in criminal procedure also leads to different behaviors in judicial practice. To recovery the belongings involved in the criminal cases can not only serve as strong evidence of fighting crimes, but also prevent the profit from criminal behaviors, which can also recover the lawful right and social economic relationship of the victim. Therefore, there is a great theoretical and practical significance in further studies on the pursuing procedure for belongings involved in criminal cases.Based on value of state responsibility and civil protection, the recovering method for belongings involved in criminal cases is analyzed step by step from judicial application. By referring to related rules in the legislation of other countries or regions, preliminary conception for the procedure design of the recovery of belongings involved in the cases, order for restitute, confiscating illegal gains is proposed to contribute to the perfection of laws concerning the pursuing procedures for the belongings involved in criminal cases.