What is the scope of criminal confiscation?

1. The confiscation of property is the confiscation of part or all of the personal property of a criminal. The so-called personal property of the criminals refers to the legally deserved share of the property that is actually owned by the criminals and the property shared with others. The boundaries between the personal property of the criminals and the property of their families or others should be strictly distinguished. Only property that is determined to be personally owned by the criminals according to law can be confiscated. As to whether the confiscation of the property is part or all, the following factors should be considered: the severity of the principal sentence imposed by the criminal; the economic situation of his family and the degree of personal danger.

2. If all property is confiscated, the necessary living expenses shall be reserved for the criminal individual and his dependents. To support the lives of individual criminals and dependent families.

3. When confiscating property is sentenced, property that is owned or due to the family members of the criminal must not be confiscated. The so-called family-owned property refers to the property that is solely owned by the family members, such as clothing worn by the family members and property obtained from personal labor. Family-owned property refers to the property that should belong to the family-owned property that is commonly owned by the family. No part of the property shared by the criminals with others shall be confiscated.

There is a specific scope for confiscation of property in crime. If you feel that the relevant scope is not met and the relevant provisions for confiscation of property are not met, you can express your opinion through legal channels.

Leave a Reply

Your email address will not be published. Required fields are marked *