The Cognizance Of Criminal Tools And Processing

Refers to the criminal crime tool consciously choose to implement behavior or important establishment of property crime.Crime tool differs from that of the illegal income derived therefrom t and contraband.The illegal income refers to the defendant for the implementation of criminal activity and get all the money or goods,etc.Such as robbery of money or goods,theft and fraud of money and so on;contraband refers to according to the provisions of the state,citizens shall not retained use items.On the cognizance of the crime tool,extraterritorial legislation mainly is taken directly special theory and promote the theory.The former require the use of the crime tool and crime must have a direct relationship,and tool selection is specially for crime,and use;The latter requires that whether tools in the process of property crime is the crime tool must be on whether the property have enough contact or closely related to criminal activities.In our country criminal law educational world,mainly for criminal tools shall adhere to the principle of criminal sexual,close relation principle and functional principle.To confiscate the tools the nature of the crime,china's criminal law theory mainly exist said penalty enforcement measures,said security measures,independent criminal entity said disciplinary measures such as theory.The confiscation of criminal tools defined as compulsory measures,punishment or security measures are the theoretical defects,Is defined as an independent criminal entity disciplinary measures are reasonable.Confiscation of criminal tools should insist on the principle of proportionality and the third person benefit protection principle.When the former request confiscate the crime tool consideration should be given to the harm of crime and crime proportion relation between tool value,the latter requirement should be paid attention to in the confiscation of criminal tools to the protect the legitimate interests of the third person.Our equipment confiscated preservation procedure law is too brief.Judicial organs not only operating space is too big,and not clear crime tools specific units.According to these two questions,not only should establish the judicial review system.And should clear crime tool seizure and freeze of the property involved in the specific standard,At the same time shall set up a unified the property involved in the care center.For crime tool processing,such as,establish special relief way.Should be according to investigation,prosecution and trial different litigation links such as to establish the corresponding relief measures.If the authority to make the behavior of the confiscation of criminal tools error handing the case,thus bring losses to a party,can choose according to the provisions of the state compensation law of the People's Republic of China state compensation is put forward.