赃款赃物处理几个问题的探讨

An Exploration on Several Questions in Handling Ⅲ-gotten Money and Stolen Goods

无主赃款赃物,赃物认领争议,以及犯罪嫌疑人或被告人在立案后、案件审结前死亡的,其非法所得如何处理,是司法实践中对赃款赃物处理时的几个特殊问题。无主赃款赃物应该收归国有,上缴国库。对于赃物认领争议,要在确定真正所有权人的基础上将赃物返还给真正的所有权人。对于犯罪嫌疑人或被告人在立案后、案件审结前死亡的,其非法所得应予以追缴,但应完善相关程序。

There are such several special questions in judicial practice in handling ill-gotten money and stolen goods as： ill-gotten money and stolen goods without owners; controversy in claiming ill-gotten money and stolen goods; how to deal with what they illegally obtained when the suspects or defendants die after case registration but before trial ends. Ⅲ-gotten money and stolen goods without owners is supposed to be turned over to the country. As for the claiming controversy, the money and goods must be returned to the real o^lers after confirming their identity. The illegally obtained of suspects and defendants should be retrieved if they die after case registration but before trial ends, but related procedures must be perfected.