On May 11, the Jiangsu Provincial People's Procuratorate held a press conference on the procuratorial work of a job.At the press conference, a series of typical cases of crime were announced, of which "Ren Runhou's bribery and the sources of huge amounts of property unknown illegal income confiscation cases" was the most noticeable.
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According to the People's Daily, on June 21, 2017, Ren Runhou, the former deputy governor of the Shanxi Provincial People's Government, was suspected of receiving bribery, corruption, and unknown illegal income.The application for the Yangzhou People's Procuratorate confiscated the application for illegal income: from 2001 to 2011, Ren Runhou served as chairman of the Shanxi Xunan Mining (Group) Co., Ltd.During the governor, he was suspected of receiving RMB 198.5055.49 million; he was suspected of corruption of RMB 69.167.38 million; the unknown sources of huge amounts of property were equivalent to RMB 120.99837 million and some foreign currencies and items.Ren Runhou died of illness on September 30, 2014, and asked the court to confiscate his illegal income and other property involved in the case.
Yangzhou Intermediate People's Court believes that Ren Runhou, a suspect, has been detained and frozen in the case of 300,000 yuan in bribery., According to law, it should be confiscated.
The illegal income after the death of corrupt officials will still be recovered
There are many cases of similar cases
On May 11th, the Jiangsu Provincial People's Procuratorate held a press conference on the prosecution of criminal crime. At the meeting, the details of the relevant details of "Ren Runhou's bribery, the sources of huge amounts of property, unknown illegal income confiscation cases" is also the first domestic case in China for crimes due to crimes due to crimes due to crimes due to crimes dueThe suspect's death and the provincial -level leading cadre crime case with a confiscated procedure of illegal income.
According to Wan Long, director of the third procuratorial department of the People's Procuratorate of Jiangsu Province, Ren Runhou was the former deputy governor of the Shanxi Provincial People's Government. On September 20, 2014, he was removed from office due to serious disciplinary violations.
After the jurisdiction designated by the Supreme People's Procuratorate, the Jiangsu Procuratorate's task force inquired and sorted out the 278 bank accounts involved in the facts of the case;More than 3.1 million yuan in cash was seized, seized, and frozen; the 160 witnesses and more than 170 units visited, obtained evidence, and reviewed it, and accurately identified the amount and interest of Ren Runhou's illegal income.
On December 2, 2016, the Yangzhou Procuratorate submitted an application for illegal income to the court to recover the illegal income of Ren Runhou suspected of accepting bribes and unknown sources of property and other property involved in the case.
On July 25, 2017, the court made a confiscation ruling of illegal income and confiscated Ren Runhou's criminal income of RMB 300,000 and interest in accordance with the law;Essence
Wanlong explained that in the past judicial practice, the suspect's escape or death would cause criminal litigation proceedings to be unable to perform.Because the law does not clearly stipulate, the income of crimes cannot be recovered."But since the criminal proceedings have added a confiscation procedure for illegal income, it clearly stipulates that for major criminal cases such as corruption and bribery, if the suspect and the defendant escape or die,Application. "
Red Star reporters sorted out and found that there were also many cases of corruption officials who died before the trial and were still recovered by illegal income.
On October 27, 2014, the Military Procuratorate ended in the investigation of Xu Caihou's crime of suspected bribery and transferred to the review and prosecution.After reviewing and investigating according to law, Xu Caihou's criminal facts were clear and the evidence was indeed and sufficient, and his criminal responsibility should be investigated.
However, on March 15, 2015, Xu Caihou died in the hospital due to the end of the bladder cancer.Due to the death of Xu Caihou's illness, according to Article 15 of the Criminal Procedure Law of the People's Republic of China, the Military Procuratorate made a decision on Xu Caihou's non -prosecution decision, and he was suspected of being handled by the crime of bribery.
Subsequently, the Central Military Commission decided to organize a conversation with Zhang Yang, former member of the Central Military Commission of the People's Republic of China, former member of the CPC Central Military Commission, and former director of the Political Work Department of the Central Military Commission.After investigation and verification, Zhang Yang seriously violated discipline and laws, suspected of bribery, and unknown sources of huge amounts of property.During the organization of the organization, Zhang Yang had been living at home.Subsequently, Zhang Yang died at home.After Zhang Yang's death, he still recovered his property involved in the case according to law.
On December 28, 2013, Chen Xixi, director of the Nantong Real Estate Management Bureau, was investigated by the procuratorate for suspected bribery. Chen Xi died at home during the bail pending trial.Illegal income.In December 2014, the Nantong Intermediate People's Court made a criminal ruling on the case in the case, and confiscated the criminal suspect Chen Xi's bribery illegal income of 7.125 million yuan to pay the treasury.
In the case of Zheng Chaoyang, the former party secretary of the Xinkong Chong District of Yangpu Economic Development Zone in Hainan Province, Zheng Chaoyang died of illness during the court's trial.On February 2, 2015, the Second Intermediate People's Court of Hainan Province ruled in accordance with the law to confiscate the illegal income of Zheng Chaoyang's bribery crimes.
After the death of corrupt officials
Why can the case still trial and recover illegal income?
Ma Youquan, the director of Shanghai Guochang Law Firm, told Red Star Journalist that the criminal suspect died during the pre -trial stage, which first involved the handling of people.Although the suspect has died, if he was in the stage of criminal litigation, the judicial organs still made a decision.As far as the laws and regulations of my country are concerned, if the suspect died during the pre -trial stage, the lawsuit shall end the lawsuit, and the direct basis at the level of the Criminal Procedure Law is Article 15 and Article 173 of the Criminal Procedure Law.Specifically, when the death stage dies, according to Article 15, the public security organs or other agencies or departments responsible for investigating their duties shall make a decision to revoke the case; if the death of the review and the prosecution stage shall be based on Article 15 and 173, 1In the provisions of the model, the People's Procuratorate shall make a legal non -prosecution for the criminal suspect in accordance with the law.
Ma Youquan introduced that after the death of the suspect's death, the lawsuit was based on entity, because the subject of criminal responsibility had disappeared.Criminal litigation is an activity of the state's criminal liability for criminal suspects. The purpose is to find out the fact that criminal facts and exercise the right to punish the criminal suspect.For the occasion of the death of criminal suspects, most of the types of penalties, such as death penalty, free punishment, deprivation of political rights, etc. are meaningless, nor can it be implemented.Personal criminal liability cannot be passed on to others, and there is no succession. Therefore, criminal responsibility no longer has the subject.
Ma Youquan said that my country adopted a criminal confiscation procedure. In 2012, the amended criminal procedure law after the amendment of my country made special regulations on the handling of the property involved. The confiscation procedures for obtained (Article 280 to 283).The establishment of a special program is of great significance.On the one hand, it is relatively independent of the criminal liability for criminal suspects. It does not need to be determined on the premise that the criminal liability of the prosecutor is required, and the procedure can be ruled by the procedure separately.This solves what the income of the death of the previous prosecutor's death cannot be investigatedquestion.According to the Supreme People's Court before the amendment of the Criminal Procedure Law, the provisions of Article 175 of the "Criminal Procedure Law of the People's Republic of China" shall be "shared in the judgment" by Article 175 of the Criminal Procedure Law of the People's Republic of China.In the case of responsibility judgment, the problems of confiscating illegal income cannot be considered, which makes the victims lose compensation and the recovery of state -owned assets cannot be realized in time.After the confiscation procedures are relatively independent, whether it constitutes an illegal income to become an independent review target of the confiscation procedure. The end of the criminal liability of the prosecutor does not hinder the former decision of the former.Rulings in the property involved in the case.In addition, the confiscation of special procedures meets the needs of judicial practice to crack down on crimes, especially the need for duty crimes.Needless to say, the current investigation of duty crime depends to a large extent dependence on the confession of criminal suspects. Once the suspect is found or committed in the lawsuit in the crime, it will not only lead to difficulty in the progress of the case.As a result, the property involved cannot be handled.Some criminal suspects are based on the psychology of "sacrificing themselves and happy family". After the crime is exposed, he chooses to suicide and preserve illegal income. This will not only lead to the spread of the abnormal phenomenon of "suicide of corrupt officials", but also increase the difficulty of national crime.By establishing a special process of confiscation, it not only makes up for the loopholes brought by this legislative defect, but also can eliminate the motivation of some people's criminal motivation of "living and corruption and being found to be big", thereby achieving the effect of preventing duty crimes.
Ma Youquan said that the revised criminal procedure law has made more detailed provisions on the confiscation procedure of the death of the suspect.If the suspect died in the investigation or review and the prosecution stage, if the criminal law shall recover the illegal income and other property involved in accordance with the criminal law, the people's procuratorate shall submit an application to the people's court to collect illegal income.Regarding the above -mentioned illegal income and other property involved, Article 523, paragraph 3, paragraph 3 of the Criminal Procedure Rules of the People's Procuratorate also clearly stipulates that "the property obtained by the implementation of criminal acts and their interests, and illegal suspects illegally held by the suspects, for the illegal holding of criminal suspects, and supply.The property used in crime. "For the illegal income of the suspect of death or the confiscation procedures mentioned in the property involved in the case, it should be proposed by the procuratorate corresponding to the jurisdiction of the jurisdiction.The trial of the court shall be returned to the victim for the obtained income of illegal income and other involved in the case. Those who do the victims shall be returned to the victim; those who are indeed illegal and other property involved shall be confiscated.In response to the ruling of the people's court confiscation of the procedures for illegal income, the close relatives and other stakeholders of the suspect may appeal, and the People's Procuratorate may protest.
At the press conference of the Junior Crime Procuratorate held by the Jiangsu Provincial People's Procuratorate on May 11, Yu Xinshui, a member of the party group and deputy prosecutor of the Jiangsu Provincial People's Procuratorate, introduced that "Ren Runhou's bribery, the sources of huge property sources of unknown illegal income confiscation cases" wasIn practice, the dilemma of the dilemma of the dilemma of the suspect's death was not filed, the proceedings of the lawsuit could not be performed, and the illegal income could not be recovered in time, providing a solution."Not only considering the national anti -corruption high -pressure situation on cracking down on crimes and pursuing damage, but also considering 'procedural justice cannot have the slightest flaw'. At the same time, it takes into account the simplicity of the people to remove evil and show the original meaning of legislation with judicial practice."
"The procedure of confiscation of illegal income is a legal weapon for anti -corruption to pursue and pursuing stolen stolen work. Procuratorate coordinated and cooperated with relevant units to confiscate corruption and bribery suspects and defendants illegal income.The determination of 'chasing to the end, never tolerate' has formed a strong deterrent to corrupt elements. "Yu Xinshui said.
Wu Yang, chief reporter of Red Star News
Editor Peng Xinjiang Editor Feng Lingling
