In our country in recent years, crimes in the criminal field have become increasingly rare in life because of the greatest legal crackdown, and the civil and economic cases have become more and more in the following years, especially Fraud cases in the economic field and other courts generally sentence their property to be repaid. So what if the property is confiscated and there is no property under the name? The editor of Hualu.com has compiled relevant content and hopes to help you.
The jury confiscated personal property in accordance with the law, and the person being punished did not have personal property, that is to say, the punishment was executed without result. As for the punishment that cannot be investigated, a verbiage was formed in the judgment , and naturally there was no problem of enforcement. Execution may be temporarily suspended, and during enforcement, if the person being executed has no property available for execution, the person being executed will not be detained as a result. If the person being executed does not have property to execute. Moreover, those who actively cooperate with the court s enforcement work can only suspend execution and resume execution after the person being executed has the ability to perform.
The confiscation of all personal property, whether it is a crime in the economic field or a crime in the criminal field, is the same as the deprivation of political rights and is an incidental penalty. This is an explanation of judicial conviction. Deprivation of political rights is the theoretical deprivation of the right to speak, the right to be elected and the right to vote. The confiscation of all personal property is a material punishment.
When the confiscation of property is applied, it can be a part or all of the confiscation of property. As for the specific conditions, standards, and strengths, there is no stipulation, which makes it difficult to grasp the specific application of this punishment method . This is also the cause of this punishment. One of the reasons.
1. When most or all of the criminal s personal property is confiscated, care should be taken to set aside the necessary living expenses for the criminal s individual to protect his basic life in the future.
2. For the family members who need to be supported, raised, and reared by criminals, the necessary necessities of life should be left to them when confiscation of property, which is also a concrete embodiment of the principle of innocence in criminal law.
3. The scope of application of the confiscation of property shall not be arbitrarily expanded. It is necessary to distinguish between the personal property owned by the criminals and the property owned or due to the family members and the portion of the property shared by the criminals and others that belongs to others in order to make the property confiscation penalty Its application is really implemented to avoid negative effects.
Although the law in our country protects every debt and creditor s rights as easily as possible, but it is helpless to enforce the property even if there is no property to enforce. Of course, if it is illegal before execution, You can contact a lawyer about the transfer of property.