Provisions on recovering the proceeds of crime

According to the Criminal Procedure Law and other relevant laws, courts, procuratorates and public security organs have the right to recover the illegal income of criminals and return the legitimate property of victims to criminals in time. However, the recovery and restitution by these judicial organs are aimed at the illegal gains of criminals that the judicial organs have mastered. Recovery and restitution are targeted, and recovery measures can only be taken for the illegal gains with clear contents and whereabouts of the defendant, and the legal property of the defendant or other people cannot be sealed up or detained.

Moreover, the execution of recovering stolen money and goods is also timely, because recovering stolen money and goods is a compulsory measure in the process of criminal proceedings, and its execution effect is only in the process of criminal proceedings and cannot be postponed until the end of the trial. What are the criteria for determining illegal income? Illegal income refers to the illegal money, stolen goods and illegal interests obtained by those who violate the administration of public security. When the illegal income is something, the illegal income includes not only the thing, but also the natural fruits that the thing may produce and the material benefits obtained from the operation of the thing. For example, if the perpetrator deposits stolen money in a bank, the interest generated by the money belongs to legal fruits and should be recovered together. The "infringed person" in "returning the infringed person" should be broadly understood, including both citizens, legal persons and other organizations. The illegal money, stolen goods and illegal interests recovered by the public security organ from the violator of public security administration belong to the property actually owned by the infringed person without legal basis, and should be returned to the real legal obligee, that is, the "infringed person" in a deeper sense. The illegal income shall be recovered or returned. When the illegal income is something, the illegal income includes not only the thing, but also the natural fruits that the thing may produce and the material benefits obtained from the operation of the thing.

Under any of the following circumstances, it shall be recovered and confiscated according to law:

(1) the property accumulated by the organization and its members through illegal and criminal activities or other improper means, as well as the fruits and interests thereof;

(2) The property accumulated by the members of the organization through individual criminal activities and the fruits and interests thereof;

(3) Property funded or provided by other units, organizations and individuals to support the activities of the organization;

Legal basis:

According to criminal law

Article 64 All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.