An Empirical Study On The Identification,Preservation And Confiscation Of Criminal Instruments

The instrument of crime refers to the property which promotes the infringement of legal interest or the danger of infringement of legal interest.Article 64 of the criminal law of our country merely stipulates that "one's own property used for the crime shall be confiscated",but there is no corresponding basis as to how to identify criminal instruments,how to preserve criminal instruments,what principles and factors should be adhered to when confiscating criminal instruments and so on.The identification of criminal instrument s should be mainly grasped from the following three aspects: the role of property in the implementation of criminal acts,the degree of connection with criminal acts,and the use and value of property.For the preservation of criminal instruments,attention should be paid to the protection of the lawful property rights of a third party outside the case and to the decision organs that explicitly adopt relevant preservation measures.As for the nature of confiscation of criminal instruments,it is more reasonable to define it as an independent criminal sanction measure.The confiscation of the instruments of crime should conform to the principle of proportionality,taking into account what should be done when the original property cannot be confiscated.