On corruption and bribery work stolen goods Problems and Countermeasures

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.'

Links to free download http://eng.hi138.com

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 .

The second is from the laws and regulations of the angle perfect anti-corruption prosecutors stolen goods department work rules, so that anti-corruption prosecutors working in stolen goods sector laws and regulations are clearly positioned on for stolen goods sector anti-corruption prosecutors to provide adequate legal support to facilitate Find prosecutors anti-corruption department, control and processing proceeds of crime. In 1883, the British passed the world's first one to declare property law - 'clean elections, Prevention of Corruption Act.' From the 1970s onwards some countries to establish and implement a formal personal property declaration system officials, such as the United States in 1978 through the 'government action moral law', which is currently the most complete financial disclosure legislation. 1981 Thailand promulgated the 'Regulations on state officials to declare their assets and liabilities of the royal decree', Mexico, Singapore, South Korea, Russia, Nigeria and other countries invariably implemented a property declaration system, the formation of the 'Sunshine Law' golden age.  half-grown beans we can refer to the main practices of these countries, the establishment of a comprehensive system of public officers and public officials to declare property property public oversight system, making the property status of public officials and property income public, prosecutors in the investigation of the case for easy to find, control and handling stolen money.

Three is to increase the implementation of the relevant provisions of judgment recovered. Those crimes must be strengthened crackdown on the property, a clear recovery of organs, improve the relevant implementation procedures. Was indeed powerless against those ill-gotten gains, the law should provide for civil liability, the return of the long-term effectiveness of the stolen money, unlimited liability for the repayment of stolen money, stolen goods and the establishment of appropriate mechanisms for long-term monitoring of its property; criminals before the stolen money back clear all of its property and income received only meet basic living needs, the rest is used to prioritize repay stolen money. The establishment of such a system so that corruption and bribery, whether imprisoned criminals must pay off the money, thereby increasing its ill-gotten gains of the initiative and enthusiasm, you can not let the economic advantage.

2. The anti-corruption prosecutors stolen goods sector work into the annual target assessment, the establishment of evaluation criteria to rate items stolen goods; Second is to establish stolen goods work incentives, incentives for stolen goods work for the state in economic losses, according to the contribution given some substance and spiritual rewards to motivate and Jin Zhi, promotion and other aspects given priority.

3. Improve the ability of anti-corruption department of stolen goods. One is to strengthen political and professional learning, improve the ability of anti-corruption police find stolen money; second is to improve the ability of anti-corruption police officers control the stolen money, after the investigation, subpoena or interrogation and search work carried out simultaneously, proficiency related seizure, freezing proceeds of crime legal requirements and operational requirements, in strict accordance with the control illicit money and goods; third is to improve the ability of police officers deal with illicit money, in strict accordance with the law proceeds of crime. Fourth, improve police handling of stolen goods in consciousness, to firmly establish 'stand seized for the public, law enforcement people,' the law enforcement awareness, without fear of power, courage enforcement investigators actively in stolen goods, the courage to stolen goods. Five for the current anti-corruption prosecutors work stolen goods sector problems, strengthen investigation and research, identify the problems and solve them, especially bribery cases, stolen goods work sooner rather than later, before the filing of coercive measures to persuade the best Or persuade people involved and relatives stolen money back clear.

Corruption and bribery case is a special case of identity, for the case, the corruption and bribery are subject to legal sanctions, losing again to the possibility of committing the crime of the same kind (except for national staff jointly commit crimes outside), the ill-gotten or not just little things, but for the whole of the work against corruption and bribery significance: First, the role of warning education, two national staff positions honesty nobility and the third is to restore the country's economic losses. If economic crimes in the economic freedom that also gives indulgence, even if sentenced to three years, five years, ten years in prison, it is difficult to receive good legal and social effects. Investigating authorities must attach great importance to stolen goods, and actively respond to and play prosecutorial functions for an increased rate of stolen goods, and promote rapid development of anti-corruption work.

Links to free download http://eng.hi138.com

Criminal Law Papers