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What should be paid attention to in criminal cases
Author:admin Time:2017-09-29

1. Further standardize the handling of the property involved

Further standardize sealing up, distraining, freezing, processing the property involved in the judicial process is the deployment of 18, the third plenary session of fourth plenary session of the key tasks, is also the important measures to improve the system of judicial protection of human rights. Although China's criminal law, criminal procedure, to the property involved in the disposal has also introduced a lot of judicial interpretation and normative documents, but the current property management work involved optional the gender is big, custody is not smooth, information opaque, transfer, disposal, relief not in time, a very prominent problems such as serious damage to the parties' legitimate rights and interests, the serious influence the judicial credibility, reflect the strong society. Meanwhile, outside the strong political, policy, international pursuit recover stolen money or goods work, demand is high, quantity is big, complicated, but due to dispersion of functional responsibility untrue, lead to low efficiency of overseas pursuit recover stolen money or goods, the effect is poor, unfavorable to punish crime according to law, is not conducive to promote the anti-corruption work. "Opinion" further standardize criminal lawsuits involving property management work, according to law to promote the harmonious and unified, punishing crime and guarantee human rights protection law enforcement case work smoothly, guarantee the impartial justice and improve judicial credibility, is of great significance.

The disposal of the property involved different litigation areas and different enforcement judicial links. The situation is more complicated, and the policy and operational requirements are very high. "Opinions" distinguishes the situation from the explicit policy or policy orientation, and provides the basis for the formulation and implementation of the central political and legal units and relevant departments.

In view of the existing problems, the opinion requires further standardization of the procedures for the seizure, seizure and freezing of the property involved: it is strictly prohibited to seal up, seize and freeze the property before filing the case. Not to seal up, seize or freeze any property that is not related to the case; If it is found that it is not relevant to the case, it shall be dissolved and refunded within three days; Seal up, distrain or freeze the property shall be for the criminal suspect or the defendant and his dependant relatives to keep the necessary living expenses and items, to reduce the units involved in the normal office, production, management and other activities.

2. The standard procedure reflects a case

Establish working area and escrow, investigators and staff mutual restriction system, regulations specify the authority of a department of political science and law, or full-time staff unified storage property involved, it is strictly prohibited by the department, the investigators to keep handling the case. To standardize the custody system of the property involved, the detailed list shall be made to the property of seizure, seizure and freezing. A detailed account shall be set up for each case and shall be deposited into the sole compliance account of the detention organ immediately after the seizure; To carry out classified custody of the stolen goods, especially valuables, to make a case, one card, the account match.

3. Centralized management information platform to ensure timely processing

Exploring places across departments involved property centralized management information platform, the public security organs, people's procuratorates and people's courts seal up, distrain, freeze, processing property involved, shall be in accordance with the provisions of the relevant property list timely input information platform, realize information sharing, to ensure that the property involved in the standard management and smooth transfer and disposal timely.

4. Improve the procedures for the restitution of the property in question

Perfect the property involved in the pre-trial return procedures, regulations for the ownership of clear legal property, the victim who return don't damage the interests of the victim or other interested party, does not affect normal litigation, should be returned to them without delay.

5. The procedure for the first treatment of the property involved is open and fair

We will improve the procedures for the handling of the property in question and make it open and fair. Of damage to or loss, deterioration is unfavorable and long-term preservation of items, such as easy to depreciation of the goods such as cars, boats, or market price fluctuations large share of the bond, stock, fund property, such as the period of validity of outgoing bills of exchange, promissory notes, checks, etc., subject to consent by the obligee or application, approval can be in accordance with the sale or liquidation or the first sale, auction, the proceeds unified into various units only compliance accounts.

We will improve the working mechanism for the recovery and recovery of foreign countries

We will improve the system mechanism for the recovery of stolen goods from outside the country, and stipulate that the ministry of public security shall determine that the specialized agencies shall be responsible for the recovery and recovery of the goods. We will improve the system of collecting and obtaining evidence for the recovery of stolen goods from overseas, and build a mechanism for the recovery and recovery of stolen and stolen goods, which are centralized, unified, cooperative and efficient, and form a joint effort to recover and recover the stolen goods.

7. Establish effective relief mechanisms

Organs of political science and law to establish effective right remedy mechanism, challenged the parties and interested persons, reconsideration and complaint, accusation or shall accept and feedback in time.

Viii. Law enforcement agencies supervise each other to reduce mistakes

The people's court, people's procuratorates and the public security organs, state security organs shall be involved in property management work for mutual supervision, the people's procuratorate shall strengthen legal supervision, higher authorities found the lower organs of political science and law of political science and law of property management work involved is wrong, shall, in accordance with legal procedures required to correct within a time limit.

9. Improve the accountability mechanism

To improve the accountability mechanism, stipulate that illegal and illegal seizure, seizure, freezing and disposal of the property involved shall be punished according to law. If a crime is constituted, criminal responsibility shall be investigated in accordance with the law. Where the compensation is caused to the state, the compensation shall be made in accordance with the law.