Confiscation Of The Nature Of The Proceeds Of Crime

The sixty-fourth article of our criminal law is the legal basis for confiscation of proceeds of crime,The nature of confiscation of criminal proceeds has always been debated in the theoretical and practical circles of criminal law.Only by properly solving the problem of confiscation of the proceeds of crime can we give full play to the proper functions of confiscation of the proceeds of crime,and realizing the dual goal of protecting the legal interests and safeguarding human rights in criminal law.The legal measures such as confiscation,recovery,collection,collection and so on are not only related but also different.Forfeiture is the final sanction of state organs to nationalize specific finance according to due process.The recovery and collection is a pretrial procedure confiscated by the court,and the pursuit is a supplementary measure when the confiscation is not possible.In order to ensure the standardization of criminal law and to distinguish the difference between criminal law and other legal terms,Other relevant concepts should be replaced with terms derived from crime.The income of criminal law in the criminal law is not a legal benefit obtained in the context of conforming and illegality.It is not the income of crime in the meaning of strict crime,which is the basis for establishing the nature of the confiscation of the proceeds of crime.About the nature of confiscation of criminal proceeds,there are three main theories in the theoretical circle of criminal law,namely,the theory of punishment,security punishment and independent punishment.The punishment said that the confiscation of the proceeds of the crime is a kind of property punishment.The security punishment said that the confiscation of the proceeds of the crime is a security punishment for the object,and the independent punishment measures that the confiscation of the proceeds of the crime is an equitable measure of unjust enrichment.The inherent value of the confiscation of the proceeds of the crime of confiscating the income of the confiscation of the crime of confiscating the proceeds of the crime is ignored;the difference between the object of the"object" and the object of the security punishment is confused by the identification of the proceeds of the confiscation of the proceeds of the crime as the security punishment of the object.These two doctrines are not advisable.Due to the existence of "no one can profit from the wrongful act" and the weakness of the punishment and security measures,it is not appropriate to confiscate the proceeds of the crime into the penalty or security punishment.An independent criminal penalty should be advocated to be independent of punishment and security punishment.The equitable measures to confiscate the income of the crime of confiscation as a quasi unjust enrichment will be beneficial to the accurate use of the function of confiscating the proceeds of the crime,which is beneficial to the confiscation of the third party,the confiscation of the unconvicted person and the confiscation of the indirect income of the crime.Therefore,the promotion of confiscation of proceeds of crime as a third kind of independent punishment measures is not only a need to enrich the legal principle of criminal law,but also a necessity of criminal judicial practice.