The Study Of The Criminal Proceeds Forfeiture Procedure

The2012criminal procedure law increase the Criminal Proceeds Forfeiture Procedure, which will deal with illegal income legalization and procedural, provides a legal basis to the treatment of corruption, terrorism cases and other major criminal cases of illegal income property. The Procedure has great significance to the criminal Procedural System and the Punishment of major criminal system. I believe that the new Criminal Procedure called "independent criminal forfeiture proceedings" more in line with its essential character, this paper more in-depth discussion the theory and practice issues of this Procedure.The Criminal Proceeds Forfeiture Procedure is separated with the conviction and sentence procedure, belongs to the unconvicted forfeiture proceeding, specifically for the illegal proceeds and property involved in the disposal program. However, in essence, the Criminal Proceeds Forfeiture Procedure is still a continuation of the criminal prosecution activities, which starts and ruling associated with ordinary criminal proceedings, so it is a kind of criminal procedure. From the perspective of the purpose of program Settings, this program implementing the concept of Crime does not pay, designed to weaken the ability to further crime by the recovery of the proceeds of crime, so as to effectively prevent and combat crime. Although the system focus on the pursuit of efficiency, contrary to the participation, defendant equivalence, evidence referee and final judicial ruling principle, but based on the object can be retrospective, narrow due process to meet the efficiency and justice value also has legitimacy.In the pre-trial phase, the property status of the defendants, make a reasonable assessment of the property involved, not only conducive to reasonable definition of the common property, but also to the appropriate scientific preservation of property. At present, Property preservation measures applicable standards is unknown, the illegal seizure, detainment or freeze phenomenon widespread; Applicable types can’t fully meet the needs of specific property protected effectively. Therefore, authorities should provide sufficient evidence to prove the preservation measures necessary and reasonable, the procedure should addition new security measures to meet the demand of justice. In order to give full play to its system value, we can enlarge the scope for this process, but at the same time should improve the physical conditions, regulate the procedural requirements to ensure its applicable necessity and rationality. Based on the basic requirements of due process, the assistance must be effectively protected, and based on the property rights protection, the burden of proof should be reasonable allocation, the right relief mechanism should be perfected.