我国特别刑事没收程序若干问题探讨
发布时间：2018-10-24 18:17
【摘要】：对违法所得的没收不同于作为刑罚的没收财产,它不具有惩罚性,它是对原有合法状态的恢复和补救。我国特别刑事没收程序具有对物不对人的特点,为没收违法所得而实行的公告程序并不是为在逃或者死亡的犯罪嫌疑人、被告人设置的。司法机关可以独立于对犯罪事实的认定,并且依据"物权法定"原则和民事诉讼举证原则推定有关财产属于违法所得,无须适用刑事定罪和处罚的"确实、充分"证据标准。犯罪嫌疑人、被告人及其近亲属和其他利害关系人不能以对有关财产享有所有权为由对抗人民检察院针对违法所得、违禁品和犯罪工具提出的没收申请。
[Abstract]:The confiscation of illegal gains is different from the confiscation of property as punishment, it is not punitive, it is the restoration and remedy of the original legal state. The special criminal confiscation procedure of our country has the characteristic that the property is not against the person. The announcement procedure for confiscating the illegal income is not set up for the criminal suspect or the defendant who is at large or dead. The judicial organ can be independent of the determination of the fact of crime, and according to the principle of "real right law" and the principle of proof in civil proceedings, the relevant property is presumed to be illegal income, without the need to apply the "true, sufficient" evidentiary standard of criminal conviction and punishment. Criminal suspects, defendants and their close relatives and other interested parties may not use the right of ownership of the relevant property to counter people's procuratorates' applications for confiscation of illegal gains, contraband and criminal instrumentalities.
【作者单位】： 北京师范大学刑事法律科学研究院;
【分类号】：D925.2
，
本文编号：2292170
[Abstract]:The confiscation of illegal gains is different from the confiscation of property as punishment, it is not punitive, it is the restoration and remedy of the original legal state. The special criminal confiscation procedure of our country has the characteristic that the property is not against the person. The announcement procedure for confiscating the illegal income is not set up for the criminal suspect or the defendant who is at large or dead. The judicial organ can be independent of the determination of the fact of crime, and according to the principle of "real right law" and the principle of proof in civil proceedings, the relevant property is presumed to be illegal income, without the need to apply the "true, sufficient" evidentiary standard of criminal conviction and punishment. Criminal suspects, defendants and their close relatives and other interested parties may not use the right of ownership of the relevant property to counter people's procuratorates' applications for confiscation of illegal gains, contraband and criminal instrumentalities.
【作者单位】： 北京师范大学刑事法律科学研究院;
【分类号】：D925.2
，
本文编号：2292170
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