(Zhu Zhengfu, a member of the National Committee of the Chinese People's Political Consultative Conference and vice chairman of the National Lawyers Association)
Text/Chen Liyuan
The two sessions were held in 2021. Zhu Zhengfu, a member of the National Committee of the Chinese People's Political Consultative Conference and the vice president of the National Lawyers Association of the National Lawyers Association, has also brought multiple proposals this year.Proper proposal about economic criminal cases should not deal with the property involved in the case before the court's decision.
In an interview with China News and Weekly, Zhu Zhengfu said that in recent times, some local public security issued a notice of criminal clues to criminal criminal clues through media such as the Internet.Such not only lacks legal basis, but also is suspected of positive rights and reputation of the suspect.
It is also the focus of Zhu Zhengfu's attention to whether it can dispose of the property involved in the case. He introduced that in reality, there are some behaviors that seem to be in order to protect the victims, but violate the criminal lawsuit law and related judicial interpretation.For example, some economic criminal cases are sent to take over enterprises and dispose of assets during the investigation, which has adverse effects on the survival and judicial independence of enterprises.
Publicly soliciting suspect's criminal clues wrong
China News Weekly: Why is it not appropriate to open the criminal clues of suspects?
Zhu Zhengfu: What to do if the suspect does not have a crime, the investigation organs are not the trial agency. The investigation authority believes that guilty is not equal to the judgment organs will be guilty.Those suspects who were regarded as criminals before the court were guilty, and their personality and reputation rights would suffer incredible losses.
China News Weekly: Is this different from that kind of public tracer?
Zhu Zhengfu: Public pursuit, just treat fugitives as criminal suspects, and did not say that it must be criminals.Publicly solicited criminal clues, because the four words of criminal clues have been used as criminals during the investigation stage.
China News Weekly: How did they do it?
Zhu Zhengfu: In the near future, local public security organs have publicly solicited the notice of criminal clues to criminal clues through media such as the Internet. Among them, not only the identity information of the suspect, but also photos of the suspects, and even some notices will collect them.Criminal suspect's property clues.
China News Weekly: Is there a legal basis for doing this?
Zhu Zhengfu: The exercise of all countries' power must have a legal basis.(Investigation agency) You can investigate privately and find relevant witnesses to obtain evidence. There is no problem, but the publicly solicited clues of a certain part of the parties. In the Constitutional, Criminal Procedure Law, etc.The criminal clues of the criminal suspect belong to power abuse.
China News Weekly: Suspected of guilty presumption?
Zhu Zhengfu: Yes, now that he is still collecting evidence, how can he say that he has committed a crime?This logic is unreasonable.Collecting the suspect's criminal evidence and judging whether the suspect constituted a crime is two different legal procedures.The behavior of publicly soliciting criminal clues is essentially unauthorized combining two procedures into one.
It is reasonable if it is reasonable to grab people before recruiting evidence, which means that the public security organs can list anyone as a criminal suspect without any evidence, and then openly solicit criminal clues.
China News Weekly: How to guarantee the authenticity of the clues collected in this way?
Zhu Zhengfu: The authenticity and objectivity of such clues may have a major risk of defects.In judicial practice, people who have a favorable relationship with the suspects and competitive relationships will deliberately provide exaggerated and false statements after seeing the announcement.
China News Weekly: Where do you think the harmfulness of this method is reflected?
Zhu Zhengfu: Governing the country according to law must respect and protect human rights, so that the people feel fair and just in every judicial case. Publicly soliciting criminal clues is not only inconsistent with the rule of law, but also infringe on the legal interests of the people.
Economic criminal cases should not be disposed of property involved in the case before the court's decision
China News Weekly: Why shouldn't economic criminal case be disposed of the property involved in the case before the court's decision?
Zhu Zhengfu: Before the court judged, the company and its main actual controller did not constitute a crime.There is a supply relationship of upstream and downstream.
China News Weekly: How does this happen in judicial practice?
Zhu Zhengfu: In reality, there are some acts that seem to be in order to protect the victim's interests, but violate the criminal lawsuit law and related judicial interpretation provisions that dispose of the property involved in the case.The most typical is some economic criminal cases. During the investigation, they sent people to take over the enterprise to transfer the core assets or auctioned the debt for the property involved.When property, the original state cannot be restored.
What's more extreme is that because the property has been dealt with in advance and cannot restore the original state, it has to be treated with innocent cases in accordance with guilty cases, which can cause cases of unjust and false cases.
China News Weekly: Under what circumstances can we take over the enterprise?
Zhu Zhengfu: There are specifications to take over the enterprise in special circumstances.For example, in the case of anti -crime and eliminating evil, there are major triad gangs suspected.
China News Weekly: Is it possible to take over the enterprise in advance before conviction?
Zhu Zhengfu: Yes, it is assumed that once he is arrested, he will be sentenced in the end. This (idea) is too scary.How can the judge be judged?When he saw that the property was dealt with, he was also under great pressure.
China News Weekly: How is the current law stipulated?
Zhu Zhengfu: In the relevant provisions of the Judicial Interpretation of the Criminal Procedure Law, the relevant provisions of the Supreme Court, Supreme Prosecution, and the Ministry of Public Security include the disposal procedures for the property involved in the case and scope of advance treatment.Several provisions of the public security organs' cases of economic criminal cases mentioned that it is generally agreed or applied for items that cannot be preserved for a long time for long -term preservation for long -term preservation.People can be sold and realized in accordance with the law, and inform the parties or close relatives in time.
China News Weekly: What suggestions do you have for this illegal behavior?
Zhu Zhengfu: Although the relevant provisions of the Criminal Procedure Law, the relevant judicial interpretation, and the relevant provisions of the Supreme Court, Supreme Procuratorate, and the Ministry of Public Security have corresponding regulations on the disposal procedures, scope, conditions, and approval requirements of the property involved.Not clear or specific, we should improve laws and regulations, and establish an inappropriate mechanism for the resolution of the property involved in the case.
