Assets of corrupt officials on the run to be seized
Mainland courts may soon have the power to confiscate ill-gotten gains under a new law
Ng Tze-wei 26 August 2011
Mainland courts will have the power to confiscate the illegally obtained assets of corrupt officials on the run or overseas terrorists a year after they are declared “wanted” by police, according to a draft revision of the Criminal Procedure Law being reviewed by the National People’s Congress Standing Committee this week.
Trials are not allowed to take place on the mainland in the absence of a defendant. The new procedure will allow prosecutors to apply for a court order - in the absence of a conviction - to confiscate the illegally obtained assets of people suspected of corruption, terrorism or other serious crimes who have been on the run for more than a year, or who have died.
“In the past, assets of those who fled the country could be frozen but not confiscated,” said Renmin University Professor Chen Weidong. “Meanwhile, with respect to assets in China that are owned by overseas criminals, authorities have no power to even freeze them.”
The new procedure reflects the authorities’ concern over rampant corruption, as well as the growing ability of criminals to escape and transfer assets abroad.
“The new procedure will not only help authorities recover illegally obtained assets situated within China, but also provide a legal basis for them to recover such assets transferred abroad,” Chen said.
Another concern being addressed is the financing of terrorist activities.
“In the past when overseas terrorists were found to have assets in China there was nothing Chinese authorities could do,” Chen said. “Now the new procedure will allow China to play a more proactive role in international efforts to fight terrorism.”
A Xinhua report said that under the new rules, prosecutors could ask the court for an order to confiscate a suspect’s assets if the suspect has fled the country over a year. The court should put up a public notice for six months before adjudicating on the case. Close family members of the suspect and other interested parties have the right to request participation in the adjudication process. If there are interested parties who object to the confiscation, a court must hold an open hearing on the matter.
The first draft of the revised Criminal Procedure Law tabled this week shows that extensive changes will be made 15 years after the last major revision. While the draft has yet to be released publicly, amendments and new clauses reported by mainland media have sparked heated debate online.
Changes cover all stages of criminal procedure from arrest, interrogation and investigation to trial, as well as major additions to the rules on evidence, the witness system, the rights of defence counsel, and the legal aid system.
The revision also for the first time specifies that those under 18 who have been sentenced to less than five years’ jail should have their criminal records sealed from the public.
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Assets of corrupt officials on the run to be seized
Mainland courts may soon have the power to confiscate ill-gotten gains under a new law
Ng Tze-wei
26 August 2011
Mainland courts will have the power to confiscate the illegally obtained assets of corrupt officials on the run or overseas terrorists a year after they are declared “wanted” by police, according to a draft revision of the Criminal Procedure Law being reviewed by the National People’s Congress Standing Committee this week.
Trials are not allowed to take place on the mainland in the absence of a defendant. The new procedure will allow prosecutors to apply for a court order - in the absence of a conviction - to confiscate the illegally obtained assets of people suspected of corruption, terrorism or other serious crimes who have been on the run for more than a year, or who have died.
“In the past, assets of those who fled the country could be frozen but not confiscated,” said Renmin University Professor Chen Weidong. “Meanwhile, with respect to assets in China that are owned by overseas criminals, authorities have no power to even freeze them.”
The new procedure reflects the authorities’ concern over rampant corruption, as well as the growing ability of criminals to escape and transfer assets abroad.
“The new procedure will not only help authorities recover illegally obtained assets situated within China, but also provide a legal basis for them to recover such assets transferred abroad,” Chen said.
Another concern being addressed is the financing of terrorist activities.
“In the past when overseas terrorists were found to have assets in China there was nothing Chinese authorities could do,” Chen said. “Now the new procedure will allow China to play a more proactive role in international efforts to fight terrorism.”
A Xinhua report said that under the new rules, prosecutors could ask the court for an order to confiscate a suspect’s assets if the suspect has fled the country over a year. The court should put up a public notice for six months before adjudicating on the case. Close family members of the suspect and other interested parties have the right to request participation in the adjudication process. If there are interested parties who object to the confiscation, a court must hold an open hearing on the matter.
The first draft of the revised Criminal Procedure Law tabled this week shows that extensive changes will be made 15 years after the last major revision. While the draft has yet to be released publicly, amendments and new clauses reported by mainland media have sparked heated debate online.
Changes cover all stages of criminal procedure from arrest, interrogation and investigation to trial, as well as major additions to the rules on evidence, the witness system, the rights of defence counsel, and the legal aid system.
The revision also for the first time specifies that those under 18 who have been sentenced to less than five years’ jail should have their criminal records sealed from the public.
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