Research On The Identification Of Property Involved In Gangland Organized Crimes

The main characteristics of current gangster-related property are:diversified sources,diversified forms,and mixed legal property and gangster-related property.Through combing through the criminal judgments of organized crimes,it is found that the current determination of gang-related property presents the following situations:First,the judge did not specify the distinction between the legal property of the gang-related organization and the illegal income in the judgment;the second is that the judge did not give a detailed explanation in the judgment;The nature of the value-added income of gangster-related property has not been clarified.Third,when the scope of property used for crime is defined,there are often different judgments in the same case,which reflects the current difficulties in the identification of gangster-related property:illegal income and lawfulness.The intertwining of property makes it difficult to clarify the boundaries of illegal income;the nature of value-added income cannot be accurately characterized;and the scope of property used for crime is also difficult to determine.The reasons for this are mainly as follows:First,the inherent concept of "emphasis on the person and light of property" has long existed in the judicial practice of our country.The judicial organs pay more attention to the qualitative analysis of the crime committed by the defendant,while ignoring the property involved in the case.In addition to the current policy of vigorously cracking down on the crimes of the underworld,the judicial organs have an understanding of the "over-read" policy in practice,and there is a tendency of "all black to black",when identifying the property involved in the underworld organization..Second,at the theoretical level,there are many differences in the viewpoints and theories regarding the determination of the property involved in the case.There are different opinions on the "conditional theory" or "equal causality theory"in determining the limit of illegal income,and the "total theory" and "net amount theory"are used to determine the amount of criminal proceeds.There are differences between the"illegal income theory" and the "differentiation theory" to clarify the nature of the value-added income;there are also different views on the "direct special theory" and"closely related" in defining the scope of the property used for crime,and whether it belongs to the "individual" "Property" also has the difference between "formal standard"and "substantial standard".Third,at the level of legal provisions,the law’s provisions on illegal income are too general,with only a simple description of Article 64 of the Criminal Law,and the judicial interpretations are not clear about the nature of value-added income.Regardless of whether the value-added method is legal or not,it is deemed to be criminal.Property,which expands the scope of value-added income,also has such problems in the identification of property for crime.Fourth,it is determined by the characteristics of gang-related property itself.After gang-related criminal organizations obtain a certain amount of accumulated property through violence in the early stage,they will get more involved in legal fields or seek huge profits through cooperation with legally operating companies.In this process,it is very easy to confuse legal property with illegal income,and it is difficult to distinguish,and the sources of property of criminal organizations are also complex and diverse.There is some income from legal operations.The above reasons together led to a difficult situation in the identification of gang-related property.The perfect countermeasures against the above-mentioned problems can be started from the following aspects:First,change the inherent misconceptions,pay full attention to the identification of the property involved,and the public,and law agencies should have a more accurate understanding of the "criminal" policy;second,the current various types Many theories of property identification are optimized,more appropriate viewpoints are selected,and the missing parts are perfected.The "equal causality theory"for the determination of illegal income can more accurately clarify the scope of illegal income than the "condition theory".In determining the amount,a compromise path of"amount theory" and "net amount theory" is adopted-"relative total amount theory" "It is more appropriate;the "differentiation theory" of identifying value-added income can more accurately grasp its nature and be indifferent,and the "formal standard" should be abandoned for the property used for crime and the "substantial standard" can be used to prevent criminals.There are opportunities to profit from crimes;the third is to clarify the identification standards of gangster-related property,on the one hand,the practice and operation standards are clear:the illegal gains should be illegal in the acquisition process,and there should be considerable causation between the obtained property and the criminal act Relationship;if the value-added income is derived from illegal original funds and then through illegal channels,it is deemed to be gangster-related property;if the illegal original funds are legally derived again,distinguish whether to invest in operating costs and labor,and if there is input,it is not recognized as gang-related Property,without investment,and the natural value-added income of the original capital alone,is deemed to be gangster-related property;property used for crimes requires a high degree of integration of the property and criminal behavior in order to determine the criminal tool.The judgment standard is the combination of frequency and duration,and whether to determine whether It depends on the defendant’s actual control of the property,not on the basis of the formal registered right holder.On the other hand,the improvement of legal provisions:perfect the definition of the concept of illegal income in the criminal law,judicial interpretations should limit the scope of value-added income,and the scope of property used for crime should be appropriately reduced.The fourth is to build two exclusive systems for the characteristics of the property involved in the crimes of the underworld forces.The first is to create a binary classification model for the property involved in the crime,that is,the mode of overall identification and partial identification.The overall identification applies to the inseparability of legal property and illegal income.For the property involved in the case,part of the determination is applicable to the property that can be separated from the two;the second is to introduce the source of property recommendation system.For the property whose source cannot be ascertained,based on the purpose of combating crime,it can be determined as belonging to the property that is involved in the crime,but there are some If the contrary evidence is sufficient to refute,it should not be deemed as gangster-related property.