The Study On The Involvement Of Lawyer Of The Accused In Confiscation Procedure Of Illegal Income

In2012,China’s Criminal Procedure Law set up confiscation procedures of illegal income for criminal suspects and defendants fleeing or dead,which is the implementation of the International Anti-Corruption Convention by our government.The manifestation of obligations is also an important legislative progress to improve the procedures for recovering property and property involved in the case.Due to the absence of trial by default system in China’s criminal procedure law,a large number of cases in which criminal suspects and defendants are absent,their criminal liability cannot be judged through trial procedures,and their illegal gains and other property property involved in the criminal cases also lack legal support system.The confiscation procedure of illegal income is a landmark innovation in the handling of the property involved in such deadlock cases.It has changed the traditional mode of solving criminal liability first and then adjudicating the property involved.This has improved the efficiency of litigation and also made up for China’s " Gap in the theory of "tracing the dirty" system.Subsequently,the Supreme People’s Court and the Supreme People’s Procuratorate jointly announced specific regulations on issues related to the confiscation procedure of illegal income,and detailed the operational guidance of the confiscation procedure of illegal income in judicial practice.Based on this,the academic circles have discussed the scope,certification standards and rights protection of stakeholders in more detail.Unfortunately,the interests of the prosecuted party who is an important body in the process of confiscation of illegal gains are only few words.It seems very insufficient.In October 2018,the Criminal Procedure Law added a chapter entitled “trial by default system”,which provided theoretical support for the procedures for recovering property involved in the case,and aroused widespread concern.Scholars continue to focus on the concurrence of absent trials and illegal confiscation procedure.The rank of effectiveness and the order of application are further discussed and analyzed,but the discussion of the lawyer of the respondent in the confiscation procedure of illegal income should refer to the defense in the trial by default system has yet to receive as much patronage as they deserve.The accused can be absent in criminal trial system of China.But it is an urgent need to how to combine respecting and safeguarding the accused’s rights with real program value.Therefore,this article summarizes and analyzes the theoretical systemand judicial practice experience of lawyers of the accused in participating in the confiscation procedure of illegal income,in order to provide constructive suggestions to ensure that the lawyer of the respondent can effectively involve in the confiscation procedure of illegal income to prevent retrogression of the rule of law.Firstly,this paper combs the concept and characteristics of the confiscation procedure of illegal income in China.And the litigant status of the prosecuted lawyer’s involvement in the procedure is defined,and specific work requirements are put forward to clarify the significance of involvement in the procedure.Secondly,the author analyze the method,period,litigation rights and litigation activities of the court at the trial stage in the relevant laws and regulations of involvement of lawyer of the accused in confiscation procedures of illegal income to summarized the shortcomings and go deeper into why this is happening.".Thirdly,Based on the above analysis,this paper provides two reform approaches to ensure the efficiency of lawyer of the accused including allow lawyers to participate in the legal proceedings as defenders and expand the litigation rights of the accused’s lawyers.Finally,by improving the legal aid system,the respondent in the process of confiscation of illegal income is included in the scope of legal aid,and the relevant legal provisions are detailed.It is recommended that more procedural sanctions be applied to the process of confiscation of illegal income,so as to provide more complete protection about involvement of lawyer of the accused in confiscation procedure of illegal income.