Abstracts of the People's Procuratorate of corruption and bribery cases registered and investigated the duties entrusted by law, the sacred and arduous, handling stolen goods sector is an important task, both for evidence of corruption and bribery in the process, but also in economic losses for the state in the process, however, , stolen goods work is facing difficulties paper from the existing problems, analyze the causes and find the corresponding countermeasures and suggestions.
Paper Keywords evidence of a crime of corruption and bribery stolen goods
People's Procuratorate is investigating corruption and bribery laws of the duties entrusted to the process of investigating crimes in exercising the powers stolen goods, stolen goods both for evidence of corruption and bribery in the process, but also in economic losses for the state in the process, or reflect the anti-corruption legal and social effects of the work of an important process. However, in practice, there is work stolen goods are not in harmony with casework issues, handling stolen goods has become difficult to work in the outstanding issues can not be ignored.
First, the problems
The author of a grass-roots Procuratorate 2009-2011 pretrial handling corruption cases were statistically ill-gotten gains.
First of all, the most difficult bribery cases stolen goods, handling cases of bribery often exist 'To sentenced to jail, without much significance on the ill-gotten' mentality; secondly, prosecutors handling stolen goods sector means and ways single Mozuipizi alone, it is difficult to achieve the purpose stolen goods ; Furthermore, the current whereabouts of the suspect's stolen money more, such as purchase, stock, futures, etc., to identify difficult; Finally, the family does not fit, simply playing without the face to face, in view of the suspect from stolen money and the distinction between family income unclear, difficult to recover. To which the illegal income shall be recovered by the department and by what procedure to pursue the recovery of other, local prosecutors in determining the procedures often are varied, and sometimes even the same city in different jurisdictions have specific provisions on the recovery of very different phenomena , to a certain extent, affected the activities of the prosecution against the seriousness of the crimes committed.
Two, cause analysis
(A) legislation is not complete work difficult for stolen goods, 'Criminal Law' Article 64 provides that 'in all criminal illegal proceeds of property shall be recovered or ordered restitution.' Section 383 provides that 'individuals who embezzles 5,000 to less than 10,000 yuan, repent after committing a crime, and actively ill-gotten gains, and can be mitigated punishment or be exempted from criminal punishment by the unit or by higher authorities to administrative sanctions.' , for amounts over 10,000 yuan, 50,000 yuan and so did not actively ill-gotten gains on the sentencing provisions, nor for refusing to ill-gotten gains of penalties, giving the suspects and their families, leaving the 'ill-gotten or not conviction and sentencing for their own ill-gotten no real impact 'impression, resulting in the ability rather than the ill-gotten ill-gotten gains, there is still refusing the ill-gotten proceeds of such a situation. 'I would rather into the classroom, determined not to ill-gotten gains, released from prison, and then enjoy the good times', there are a large number of such thinking.
In addition, existing laws and regulations and anti-corruption prosecutors did not give the stolen goods sector to provide adequate legal support, stolen goods relatively simple means, such as after a preliminary investigation stage tend to make suspects hear the wind on the property transferred or hidden, prosecutors authorities have recovered obstacles. In view of our public officials to declare property without a perfect filing system, standard in the investigation stage of stolen goods, scale not a good grasp of the stolen goods is difficult to achieve practical results.
(Two) court decisions and the execution of punishment against the negative effects of the ill-gotten ill-gotten situation can be used as discretionary circumstances be taken into account in the court, but not as a conviction and sentencing standards, like penitential attitude of a performance, but also the work of the stolen goods difficulties that exist and the reasons, in practice the situation ill-gotten association with the court, but the correlation is not. Execution of punishment is to ignore the ill-gotten more of the relevant circumstances, the court continued to recover in often, such as 'empty', the lack of oversight and the relevant provisions of the law, as long as the sentence was not executed, after they performed afterwards nobody cares nobody cares, but do not said his sentence in case of ill-gotten gains, fueling the ill-gotten involved insisted psychology.
(Three) focus on performance evaluation indicators, work on stolen goods is not enough emphasis on the filing number of the province's performance appraisal, major cases, which are a requirement, the amount of stolen goods, restore economic losses are not as assessment basis, in order to obtain some results in the same yard, In handling cases closely follows the performance evaluation methods, although hope as handling units involved actively ill-gotten gains, but the ill-gotten or not it is a gross understatement, to back then back, reclaim worth mentioning, and not as vigorously investigate and deal with major cases such determination and endurance .
(Four) anti-corruption department of the stolen goods capacity can not meet the current situation of corruption in the development of molecular abnormalities are cunning, suffered ill-gotten money is generally not directly attributable to their own name, or have relatives and friends in business to do business, or buying real estate nearly persons other than relatives etc., in short forms. And our anti-corruption department research in this area is not enough, did not work out effective measures, resulting in a large number of stolen money could not be recovered. Corruption and bribery are economic crimes in pursuit of property for the purpose of money, grinding Mozuipizi surrender submissively let the stolen money, the heart of bribery for the interests of people who smoked, it is difficult. And often the case in the investigation for some time before the preliminary investigation stage, primary counties is a 'social acquaintance' who had heard the trouble of taking bribes to make arrangements, stolen money transfer, concealment, so that you 'fail to recover.'
Third, to strengthen the work of corruption and bribery cases recommendations stolen goods
1.Perfect the mechanism stolen goods law. First, the modified law clearly stipulates actively ill-gotten gains were ill-gotten much based on the conviction and sentencing can be given a lighter or mitigated punishment, but refused to ill-gotten gains in the conviction and sentencing on severely punished, from the criminal law in the sense that both there is a clear distinction between the conviction and sentencing. Law clearly stipulates actively ill-gotten gains to those with ill-gotten gains by refusing essential difference in sentencing, to plead guilty criminals provides a positive and sincere repentance of space, but also to the work of prosecutors to bring anti-corruption department stolen goods legal support .