Criminal Forfeiture Of Property Involved In The Research Questions

Criminal forfeiture of property involved in judicial practice applies more confusion. The article analysis Criminal forfeiture of property in Substantive Law and Procedural Law, and Put forward feasible suggestions. It deprives the perpetrators of the illegal income and fights against crime, at the same time, it protects the legal rights of victims, third parties, stakeholders and the perpetrators. It realizes the value of punishing crimes and human rights litigation protection to be balanced.In addition to introduction and epilogue, this article is divided into four parts:The first part focuses on the definition of criminal forfeiture. It refers to the people’s court makes Criminal forfeiture according to the criminal law.The second part is about the analysis of the substantive issues of criminal forfeiture. First of all, It defines and distinguishes four concepts from article64in our criminal law. Disgorgement is a procedural measures against the illegal proceeds of the property that the original still exists. Ordered restitution is a procedural measures against illegal proceeds have been unable to recover the property. Restitution and Criminal forfeiture are substantial measures.Then, it discusses the object of criminal forfeiture. As for proceeds of crime, it delimits the illegal income is comprised of the illegal income generated by the crime, criminal behavior of crime, and the remuneration of the criminal behavior. Contraband goods refers to it is dangerous to public safety or public order. The author makes a study of the personal properties for criminal use from multiple levels and perspectives by combining multiple typical cases. There should be a direct or close relationship between properties and criminal behaviors.At last, with respect to the confiscation of criminal vehicle, the principle of proportionality shall be applied.The third part is about the procedure of criminal forfeiture. It should adhere to the principle of proportionality in taking seizure, detention and other compulsory measures and identify specific attachment, seizure of property range. It is the court’s right to make final disposal in the criminal procedural on confiscation.The fourth part discusses the property involved in the case without dealing with a criminal convict. Because the procedure is new, so we discuss the application of the Law.