According to the official website of the Chinese Supreme People's Procuratorate, the Supreme Procuratorate released a guiding case today (the theme of the confiscation procedure of illegal income from duty crime).Confiscation case.
Public information shows that on August 29, 2014, the website of the Central Commission for Discipline Inspection announced that Ren Runhou was undergoing investigations by the suspected serious disciplinary violations.On April 13th of the following year, he was "double -opened".
The notification stated that Ren Runhou violated the regulations of integrity and self -discipline, received gifts; corruption public funds; seriously violated political rules and organizational discipline, and for the benefit of others in the selection and appointment of cadres, bribed bribes, and bribed with others.Among them, the problem of corruption, bribery, and bribery was suspected of crime.Ren Runhou is a senior leading cadre of the party.In view of the death of the party's disciplinary review during the party's discipline review, Ren Runhou was expelled from the party to dispose of party membership in accordance with the relevant regulations, seized its disciplinary income, and transferred it to the judicial organs suspected of violations.
The guidance case released by the Supreme Prosecution revealed more details of Ren Runhou's bribery and the sources of huge amounts of property unknown income.
The case shows that the suspect Ren Runhou Zeng was the chairman and general manager of the A mining (group) limited liability company (referred to as A Group), and the director of the B Environmental Energy Development Co., Ltd. (referred to as the B Environmental Energy Company)long.Ren Ren Renhou's relatives.Ren Mou, Ren Runhou's relatives.The person with the relationship between Yuan, Ren Runhou's relatives.
The facts of criminal criminals suspected of accepting bribery: From 2001 to 2013, the suspect Ren Runhou used as the chairman and general manager of the Group A, chairman of the B Rinnon company, deputy governor of Shanxi Provincial Government, etc.For the relevant asking enthusiasts to help the promotion and adjustment of their duties, ask the relevant personnel of the subordinate units for a total of 700,000 yuan (RMB, the same below, about 150,500 yuan) for bribery;For the payment of tourism and healing costs, a total of more than 1.23 million yuan; a total of 300,000 yuan from others, the case handling agency was detained and frozen in accordance with the law.
The fact that the source of huge property sources is unknown criminal facts: from September 2000 to August 2014, the criminal suspect Ren Runhou and the property and expenditure under his relative name of more than 31 million yuan, HK $ 430,000, USD dollarMore than 1.04 million yuan, euro of more than 21,000 yuan, Canadian dollars of 10,000 yuan, and pounds of pounds of pounds; 155 items such as jewelry, jade, gold products, calligraphy, calligraphy, watches and other items.Ren Runhou's legitimate income and his relatives can explain the source of the source of more than 18.35 million yuan, HK $ 800, USD 1489, euro 875 yuan, and pounds of pounds of pounds; 20 items.Ren Runhou's relatives have more than 12.65 million yuan in the case, more than RMB 420,000, USD 1.04 million, more than 210,000 yuan in euros, 10,000 yuan in Canadian dollars and 135 items cannot explain the source.
The official announced that Ren Runhou was investigated 22 days later. On September 20, 2014, he was removed from office for serious disciplinary violations and died of illness on September 30 of the same year.After the Supreme People's Procuratorate's designated jurisdiction, the Jiangsu Provincial People's Procuratorate launched a confiscation procedure for illegal income on July 11, 2016.On October 19 of the same year, the Jiangsu Provincial People's Procuratorate handed over the case to the Yangzhou People's Procuratorate.On December 2 of the same year, the Yangzhou People's Procuratorate submitted an application for illegal income from the Yangzhou Intermediate People's Court.
The stakeholder Ren, Renmou, and Yuan, applied for the lawsuit.On June 21, 2017, the Yangzhou Intermediate People's Court opened the trial.On July 25 of the same year, the Yangzhou Intermediate People's Court made illegal income confiscation rulings, confiscated Ren Runhou's criminal income of RMB 300,000 and interest in accordance with the law;More than 1.04 million yuan, euro of more than 21,000 yuan, 10,000 yuan in Canadian dollars, as well as 135 items such as jewelry, jade, gold products, calligraphy, calligraphy, watches, and other items.
Supreme Procuratorate stated that for the case, the procuratorate accurately grasped the spirit of legislative, and the suspected corruption bribery criminals who died before the case of death in accordance with the law applied for a confiscation procedure for illegal income.Ren Runhou died of illness during the investigation of the clue investigation of the disciplinary inspection and supervision organs on a clue investigation of suspected serious disciplinary violations.The procuratorate believes that it is different from the general criminal proceedings to solve the problem of conviction and sentencing of the suspected offenders. The confiscation of illegal income as a special procedure mainly solves the illegal income of the suspected criminals and the recovery of other property involved.Investigation.Therefore, those who are suspected of corruption and bribery crimes have died before the case filed, although they no longer investigate their criminal responsibility in accordance with the law, but they should also recover their illegal income through confiscation procedures of illegal income.In this case, Ren Runhou was suspected of accepting bribes and unknown sources of property. Although he died without being filed by criminal cases, his criminal income and other property involved in the case should still be recovered.
In addition, the procuratorate carefully verified the evidence of the source of property, and identified the suspected facts and the amount of illegal income in accordance with the law.The income situation was reviewed.Ren Runhou's house purchase costs, car purchase costs, daughter's study expenses, wedding gifts and debt 9.29 million yuan are included in the scope of major expenditure, and the total property is included.For relevant evidence confirmed and Ren Runhou's relatives can explain the salary bonuses, rental income, house sales, and investment profit of more than 18.06 million yuan, as well as watches, jade, gold products and other items, they will be deducted in the total amount of property involved in the case.
In addition, the Procuratorate reviewed the property that mixed legal property and illegal income in accordance with the law, and identified and applied for the obtained by the proportion of illegal income.After review and determination, the unknown criminal income of the huge amount of property that should be applied in accordance with the law is more than RMB 12.65 million, some foreign currency and other items.Ren Runhou and his relatives in the case are more than 1,800 million deposits, some foreign currencies, and other items.Among them, more than 1,800 million yuan in deposits generated more than 1.69 million yuan.
The Supreme Procuratorate stated that the guiding significance of the case is that those who died before the case of major crimes such as corruption and bribery, and the confiscation procedure of illegal income may be applied according to law.The purpose of the confiscation of illegal income is to solve the problem of illegal income and the recovery of other property involved, not to investigate the criminal responsibility of the respondent.Those who are suspected of implementing major criminal acts such as corruption and bribery shall recover their criminal income and other property involved in accordance with the criminal law.program.
Secondly, in the unknown crime case of huge amounts of property, if I cannot explain the source of the property due to death, it shall be based on the source of their close relatives, or other stakeholders claims rights and the evidence provided.It is determined whether it is illegal income according to law.If the close relatives or other stakeholders who have claimed their rights or sources, they should be required to provide relevant evidence or clues and investigate and verify.
Finally, if the illegal income is mixed with the legal property and generated interest, it can calculate the illegal obstacles according to the proportion.In the property that seizes, seized, and frozen the suspects that are seized, seized, and frozen in accordance with the law, the interest generated after the mixed income from the illegal income and the legal property can calculate the amount of illegal income obtained by the legal property and illegal income in the whole case, apply for the amount of illegal income, and apply according to the law according to law.Confiscation.Return the legal property and the interest generated by it.
