A Practical Study of the Enforcement of Sentences of Confiscation of Property
Confiscation of property,as one of the additional criminal penalties in China,plays an important role in combating serious criminal offenses.However,due to the imperfection of legislation and the lack of judi-cial practice,local courts have different practices on practical issues such as the scope of property confiscation,the reservation for the living expenses of criminals and their dependents,and the order of execution,which af-fects the performance of property confiscation.From the perspective of judicial practice,this paper studies and discusses the manifestations of the object of property confiscation,the scope of dependents,the standard of neces-sary living expenses set aside,the treatment of the co-existence of ordered returns and compensation and confis-cated property,the disposition of the proceeds of stolen money and stolen goods,and the protection of the rights and interests of outsiders,etc.,which provides useful references for the execution of property confiscation.
confiscation of propertycost-of-living reservationorder of execution
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