职务犯罪违法所得特别没收程序重点问题研究

A Study on Key Problems of Special Confiscation Procedures of Illegal Gains in Duty Crime

修改后的刑事诉讼法设立了违法所得特别没收程序,有助于解决职务犯罪案件犯罪嫌疑人、被告人逃匿、死亡情形下违法所得的追缴问题。作为新设程序,刑事诉讼法的规定比较原则,实践中与该程序相关的诸多问题值得深入研究。在法律和司法解释的基础上,重点介绍违法所得没收申请的具体要求,人民法院对违法所得特别没收案件的处理方式,以及犯罪嫌疑人、被告人到案后的处理等问题,是对司法实践中依法追缴违法所得工作有所裨益的。

In amended Criminal Procedure Law, special confiscation procedures of illegai gains were put forward, which helped solve problems of recovering illegal gains under the situation of escape or death of suspects and defendants involved in duty crime. As a newly set procedure, there are comparison principles of Criminal Procedure Law and some problems related with the procedure in practice for further study. This paper is intended to highlight specific requirements of illegal gains confiscation application, the ways to deal with special confiscation crime of illegal gains by the people＇ s court as well as how to handle suspects and defendants after they are captured, so as to help recover illegal gains in accordance with the law in judicial practice.