On January 3, the Intermediate People's Court of Yueyang City of Hunan Province ruled that the suspects Peng Xufeng, Jas language in the territory of 100 million yuan, gold products, as well as in Australia, Cyprus, Singapore, Saint Kitts and Nevis Federation, a total of five properties,2.5 million euros national debt,10,000 US dollars; Peng Xufeng, Jas language illegal income recovery of the insufficient part, continue to recover.
What is of great concern is that Peng Xufeng is one of the \"100 Hongtong personnel \", the Jas language is his wife, the two fled abroad in March 2017, so far less than the case. The procedure for the confiscation of illegal gains will further squeeze the survival space of the doomed mandarins, and in many cases, this \"special procedure\" has shown great power.
“"Jiang Qian fled Canada after the confiscation of property, he can only rent a dark wet basement, by shoveling snow to landlords, weeding for a meager income to survive the situation, only to eat noodles every day," no oil, a little water, the next point ", finally choose to return to surrender.
In June 2018, the website of the State Supervision Commission of the Central Commission for discipline Inspection informed the public of 50 clues about some of the fugitives suspected of duty crimes and economic crimes, and in the published list, Peng Xufeng, the former chairman of Changsha Rail Transit Group, which is responsible for the construction of multiple lines of Changsha Metro, was listed, the announcement showed: Peng Xufeng is suspected of bribery and money laundering.
Who is Peng Xufeng? According to the public resume, Peng Xufeng was born in May 1966, Hunan Shuangfeng people, bachelor degree, engineering master, senior engineer. In 2010, according to public information from the organization department of the changsha municipal party committee, peng xufeng served as chairman of changsha rail transit group as deputy director of the construction committee, and left his post as deputy director of changsha city construction committee two years later to remain chairman of changsha rail transit group. In 2015, Peng Xufeng also served as party secretary of Changsha Rail Transit Group, party secretary and chairman of the \"one shoulder pick.\"
In February 2017, the organization department of the Hunan Provincial Party Committee issued a public announcement before the cadre was appointed, in which Peng Xufeng proposed to be the party secretary and chairman of Hunan Infrastructure Investment Group Co., Ltd. Shortly after taking office, Peng Xufeng fled to Australia on March 24,2017, before fleeing to the United States. His wife, Jas, had absconded on March 10. In May 2017, Interpol issued a red notice to Peng Xufeng and his wife, Jas.
Peng Xufeng fled, his brother Peng Yaofeng involved in the investigation. The court found that from 2012 to 2017, Peng and his brother, Peng Xufeng, took advantage of Peng Xufeng's position to seek benefits for others in contracting projects, renting land and purchasing equipment, and jointly illegally accepted property and property totalling RMB 10,000 yuan. After the court heard, Peng Yaofeng pleaded guilty and repented.
Then Peng Xufeng, as the principal offender, is also involved in related crimes. In accordance with the relevant provisions of the Criminal Procedure Law of our country, the People's Procuratorate may apply to the People's Court for the confiscation of the illegal gains and other property involved in a crime of corruption, bribery, terrorist activities and other major crimes in which the criminal suspects and defendants have fled and cannot come to the case after one year of want or the death of the criminal suspects and defendants.
On December 31,2019, the Yueyang Intermediate People's Court opened a public hearing in the case of suspect Peng Xufeng's bribery and his wife, Jas language bribery, money laundering illegal income confiscation application, which was brought by the procuratorial authorities under the confiscation of illegal income procedure.
The court heard: from 2010 to 2017, the criminal suspect Peng Xufeng alone or with the criminal suspect Jas language and other people, using Peng Xufeng as deputy director of the Changsha Municipal Housing and Construction Commission, Changsha Rail Transit Group Co., Ltd. Party secretary, chairman of the board of directors and other positions, for the relevant units and individuals in the project contracting, land lease, equipment procurement and other matters to obtain benefits, accept the relevant units, individuals to give a total of 100 million yuan and 120,000 yuan. From 2012 to 2017, the suspect, Jas, transferred the suspect, Peng Xufeng,'s bribe-taking income of 10,000 yuan, through an underground money bank or borrowing other people's accounts, to overseas. Peng Xufeng and Jas language fled abroad on March 24,2017 and March 10,2017, respectively, so far less than the case.
The Yueyang Intermediate People's Court held that in this case, there was evidence that Peng Xufeng, a criminal suspect, had committed a crime of bribery and money-laundering, and that the procuratorial organ applied for the confiscation of Peng Xufeng's and Jas's related property inside and outside the territory of the two persons and other property involved in the case. The court then rendered the above-mentioned decision.
According to the original Code of Criminal Procedure, under normal circumstances, if the suspect or the accused escapes and dies, the proceedings will not proceed, nor will they be able to pursue their criminal responsibility, nor will they be able to recover their illegally acquired property. It also gives many corrupt people the chance to take advantage.
On the one hand, if the corrupt elements fled or died, but can occupy a large number of illegal property, the public is very dissatisfied. On the other hand, the inability to recover corrupt property has greatly reduced its deterrent effect on corrupt elements and even made them feel corrupt. Some corrupt officials will continue to adhere to the concept of \"one person in prison, the whole family enjoys good fortune \",\" corruption me, a happy family \",\" I die, benefit generations\" concept, so that their families enjoy a huge wealth.
The Criminal Procedure Act, amended in 2012, closed the gap, namely, the confiscation of the proceeds of crime by suspects in major criminal cases such as corruption, bribery and terrorist offences after escape or death. This law is conducive to the judicial organs of our country to recover the property of corrupt officials from abroad according to law, and also to recover the illegal income of the dead corrupt elements according to law, so that we have a sharp weapon against corruption and enhance the people's confidence in the anti-corruption work.
In January 2017, the Supreme People's Court and the Supreme People's Procuratorate issued a judicial explanation, which not only defined the concept of easy to cause disputes in practice, and clearly defined the standard of proof of the relevance of the facts of the crime, the property applied for confiscation and the facts of the crime, but also made specific provisions on the examination of the application for confiscation, the opening of the first instance, the decision of the second instance, and the participation of the interested parties in the procedure of the confiscation of illegal income, which further enhanced the practicability of the procedure. The perfection of this system provides the legal basis for the confiscation of the illegal income of the escaped corrupt elements. So far, many cases have recovered a lot of stolen money through this system, and the case of Jiang Qian is one of them.
Jiang Qian,\"100 Hongtong personnel \"No.65, former Minister of demolition coordination department of Wuhan City Drainage Development Co., Ltd., suspected of embezzlement and abuse of power, fled to Canada in November 2011. During his tenure at Wuhan City Drainage Company, he was in charge of the demolition project of a sewage treatment plant in Wuhan, and conspired with people to fabricate the contents of the demolition to defraud the state of the compensation for demolition, making a profit of more than 14 million yuan.
Through hard and meticulous investigation, the task force obtained solid and effective evidence and locked in the criminal fact that Jiang Qian was suspected of defrauding the state of huge compensation for demolition. According to the special procedures for the confiscation of illegal gains, the Wuhan Intermediate People's Court ruled that the future transfer of more than 1200 illegal property confiscated. On this basis, the other bank account funds and shares found in the pursuit of the full freezing of the value of 5.89 million yuan, completely cut off Jiang Qian's domestic sources of funds. Without legal status, without the source of funds, the English-speaking Jiang Qian's living space in Canada has been greatly reduced. Eventually, he couldn't stay in Canada and turned himself in.
In another case, No.33,\"100 Hongtong personnel \"Huang Yanlan fled to the United States and Canada in December 2001, so far has not been brought to justice. Mr huang bought 52 properties out of corrupt state-owned companies. On november 15,2018, the intermediate people's court of guilin city of guangxi zhuang autonomous region made a public judgment on the application for confiscation of huang yanlan's illegal income, ruling that huang yanlan's 23 units of property involved in the case and the proceeds from the sale and rental of some of the property involved in the case were confiscated.
“If a criminal suspect or defendant dies, the same applies to the procedure for confiscation of unlawful earnings. The former deputy governor of Shanxi Province Ren Runhou fell on August 29,2014, and died of illness on September 30 of the same year. On April 13,2015, he was convicted of corruption, bribery and bribery. As he died prior to his transfer to justice, the prosecution requested the court to confiscate his unlawful proceeds and other property in question. On July 25,2017, the court of first instance ruled that Ren Runhou used his position as chairman of Lu'an Group, general manager, chairman of Lu'an Huaneng Company, deputy governor of Shanxi Provincial People's Government, and other positions illegally obtained RMB 10,000 yuan, HK $10,000, US $10,000, Euro $10,000, Canadian $10,000 and fruits, as well as 135 items, turned over to the State Treasury.
In conjunction with this, Article 48 of the Law on Supervision stipulates that if it is necessary for a supervisory organ to continue its investigation in the course of investigating cases of corruption, bribery, dereliction of duty and other duty crimes, it shall continue its investigation and draw conclusions upon the approval of the supervisory organ at or above the provincial level. If a person who is under investigation has escaped from hiding and cannot be caught in a case one year after he is wanted, or if he has died, the supervisory organ shall request the People's Procuratorate to file an application to the People's Court for confiscation of illegal gains in accordance with legal procedures.