Study On The Custody Of Property In Criminal Proceedings

In practice,almost every criminal case has the existence of the property involved in the case.Examples include the use of knives,guns,and poisons by criminal suspects in intentional homicide;drug and drug seizures by public security agencies in the crime of drug trafficking;illicit money and stolen goods confiscated in corruption and bribery cases are all involved in the property.In addition,the property in question also includes security deposits awaiting trial,confiscated property and fines,and assets preserved in criminal incidental civil lawsuits.It can be seen that the definition of property in criminal cases is very extensive.These types are numerous and numerous,and the financial assets involved in various aspects of interests are not only an important basis for conviction and sentencing in criminal proceedings,but also involve parties or persons involved in the case and the country's property interests.Therefore,the state pays more and more attention to the management and protection of the belongings involved.In March 2015,the Central Committee of the Communist Party of China and the general office of the State Council issued the Opinions on further standardizing the disposal of property related to criminal proceedings.This guiding opinion emphasizes that we must adhere to the principle of"separation of management and administration" for the custody of property involved,and carry out classified custody by full-time personnel,and establish centralized and unified management information platform.The people's Procuratorate and the public security organs have also adjusted the management regulations of the involved property on this basis,and set up special chapters for the custody of the belongings involved.However,there are still many problems in the custody of the property involved and it is necessary for us to explore the findings.This article starts with the concept of property preservation in the case,defines the scope of criminal property preservation,and emphasizes that the preservation of the property in question must be discussed on the basis of property that has been seized,detained or frozen,and it is not meaningful for the property not in the case.Secondly,it discusses the importance of keeping property in criminal cases in preventing crime,effective evidence preservation,and promoting property protection,and further emphasizes the importance of property preservation.The third part mainly introduces the present situation and main problems of property preservation in China.It is pointed out that there are some important problems in our country,such as the difference of the safekeeping mode,the disposal of safe property,and the different standards.The fourth part is mainly based on the existing legal provisions of our country and the good management form of the pilot area in practice to provide the specific measures for solving the problems in the custody of the property,such as the establishment of a unified electronic management system and a unified management center.