Amendment To The Criminal Procedural Law Yesterday Included Frozen Assets Through &Nbsp, Stock And So On.

For the first time in China, "respect and protection of human rights" has been written into the criminal procedure law. These seven words were once again written into an important Chinese law after they were written into the Chinese Constitution in 2004. On the morning of March 14th, nearly 3000 delegates attending the five session of the eleven National People's Congress passed the amendment of the criminal procedure law. The newly amended criminal procedure law will come into force on January 1, 2013.

　 Strict "no notification" family members

" No notification The situation of family members has attracted much attention. According to the current criminal procedure law, after detention or arrest, the family members of the family shall be notified within 24 hours in addition to obstructing investigation or failing to notify. Among them, the boundary of "obstructing investigation" is rather vague.

The newly amended Criminal Procedure Law stipulates that arrest and designated residence surveillance measures shall notify the family members within 24 hours after the arrest or execution of the residence, except for those that cannot be notified.

At the same time, after the detention is not allowed to inform the family members due to obstructing investigation, it is only limited to crimes suspected of endangering national security and terrorist activities, and it is necessary to notify the families of the detainees immediately after the provisions of the investigation are disregarded.

"During the process of deliberation, we adopted the opinions of all sectors of society and made several amendments to the conditions of not giving notice of family members after compulsory measures." The responsible person of the Standing Committee of the NPC Standing Committee said that "when the draft amendment was submitted for the first time of deliberation, it was stipulated that two cases could not be notified to the family:" no notification "and" serious crimes such as crimes against national security and terrorist activities. " After the announcement, the society produced some misunderstandings. Many people understood that there was a great increase in the situation of no notification. In this regard, two reviewers were further qualified. "Two after reviewing the manuscript, there were suggestions that the pace could be bigger." The law enforcement Committee official said.

Stock included in the frozen property.

Member of the Standing Committee of the National People's Congress, Legislative Work Committee of NPC Standing Committee Deputy director Lang Sheng said that the amendment of the criminal procedure law included bonds, stocks, funds and so on in the frozen property range because of the morphological changes of people's property.

Over the past few years, with the development of our economy and society, people's living standards have improved and people's wealth has increased. Property is no longer what we used to say about deposits and remittances. Some have become fund shares, some have become some equity interests, and property has undergone morphological changes.

Lang Sheng said that if the stolen money and stolen goods were recovered from the proceeds of crime, if stolen money and stolen goods had become such forms, they should be sealed up, seized and frozen. When some evidence is fixed, if such evidence becomes such a form, it should also be sealed, seized and frozen.

　　 Corrupt officials fleeing "money and money"

In judicial practice, it often occurs in cases of corruption or terrorist crimes that the huge amount of property acquired by a criminal can not be recovered after the suspect escapes or dies. In this regard, amendment to the Criminal Procedural Law in the "special procedures" chapter, specifically added the "criminal suspects, defendants escape and death cases illegal income confiscation procedures".

Chen Weidong, a professor at Renmin University of China, points out that the setting of this procedure is conducive to severely punish corruption crimes and terrorist activities crimes, restore state losses and eliminate the economic conditions of crime, and link up with the requirements of the United Nations (micro-blog) Convention against corruption and the resolutions on anti-terrorism that China has joined. Because our country does not allow trial in absentia, when the suspect is absconded or died and can not reach the case, the proceedings can not be launched, so that the property of the criminals can not be recovered for a long time.

"The procedure of confiscation of property without conviction is a special procedure, which can solve the problem of criminal suspects and defendants not coming to the case and recovering their proceeds of crime." Chen Weidong said, because of these property It is a criminal act, so the recovery of these properties must be carried out through criminal proceedings.

　 The law should keep pace with the times.

The current criminal procedure law of China was formulated in 1979, and the four session of the eight National People's Congress was amended in 1996. 16 years later, the criminal procedure law has completed second "overhauls". Wang Liming, vice chairman of the NPC Law Committee and vice president of Renmin University of China, said that the biggest bright spot in the amendment of the criminal procedure law is that it fully embodies the constitutional principle of "respecting and protecting human rights".

The principle of constitutional protection of human rights is very specific in the newly amended criminal procedure law, which embodies the following seven aspects: perfect evidence system, compulsory measures, defense system, investigative measures, judicial procedures, enforcement provisions and special procedures.

The amended Criminal Procedure Law stipulates the clause that "no one can be compelled to prove his guilt". In the specific system design, the exclusionary rule of illegal evidence is stipulated, strict evidence collection procedures are set up, and some systems for witnesses to testify in court are stipulated, which will play an important role in the suppression of extorting confessions by torture.

Chen Weidong, vice president of the criminal law and Law Research Association of the China law society, said: "from the process of the formulation and revision of the criminal procedure law, we can see from emphasizing the development of combating crime to cracking down on crimes and protecting human rights, both in combination with the actual conditions of China's national conditions, and in adapting to the economic and social development and the building of democracy and the legal system."

Chinese jurists also believe that legislation must advance and not surpass reality. Therefore, the amendment of the criminal procedure law can not be accomplished at all. With the development and progress of society, the law should be perfected and keep pace with the times.