违法所得没收程序在恐怖活动案件中的适用探析

The Application of Illegal Income Confiscation Procedure in the Case of Terrorist Activity

违法所得没收程序的设立有利于打击恐怖活动犯罪,但实践中也存在以下问题亟待完善:需要进一步明确案件的适用范围;相关犯罪适用此程序时需要严格遵循适用条件;适用前提需要进一步证明;需要建立检察院承担举证责任、利害关系人补充证明的举证制度。

The establishment of the procedure of illegal income confiscation is good to fight against the terrorist activities ; however, there are some problems in the practice. The application range should be determined more clearly. The application conditions should be strictly followed. The preconditions for the application should be proved in advance. It needs to set up of- fering evidences system that the procuratorate takes the responsibility of offering evidences and the system of offering the evidence for the interested party.