Law

Strengthen the supervision of property punishment execution and safeguard the legitimate rights and interests of the parties involved

2025-10-21   

The execution of the property related part of criminal judgments directly relates to the property rights and interests of the executed person, the victim, and the third party involved in the case, and is related to the comprehensive realization of the purpose of criminal judgments, as well as the judicial credibility of the country. It is an important component of criminal execution and prosecution work. In practice, there may be delays or omissions in the execution of property related criminal judgments, resulting in some victims being unable to obtain compensation in a timely manner, and some national losses cannot be recovered due to delayed execution... How to prevent property related criminal judgments from becoming "legal IOUs"? The "2023-2027 Procuratorial Reform Work Plan" issued by the Supreme People's Procuratorate in 2023 specifically points out the need to "improve the supervision system for the execution of criminal judgments involving property", and the "Opinions on Comprehensively Deepening Procuratorial Reform and Further Strengthening Procuratorial Work in the New Era" issued in 2024 further emphasizes the strengthening of supervision over the execution of property crimes. The procuratorial organs focus on the execution activities related to property in criminal judgments, continuously strengthen procuratorial supervision, and effectively safeguard the fairness and impartiality of criminal punishment execution. Equal protection of all types of business entities in accordance with the law. Enterprises are the cells of the social economy. The prosperity of enterprises leads to the prosperity of the economy, and the prosperity of the economy leads to the prosperity of the country. However, "difficulty in execution" is a "heart disease" for the victimized enterprises - the "paper rights" that have been unable to be realized for a long time are difficult to alleviate business difficulties and seriously restrict the pace of development. The reporter learned that from April to October 2024, the Criminal Execution Procuratorate of the Supreme People's Procuratorate deployed a special activity nationwide to supervise the execution of criminal judgments involving property (hereinafter referred to as the "special activity"), conducting a comprehensive investigation of the execution of cases related to contract fraud, embezzlement, misappropriation of funds, bribery of non-state personnel, and intellectual property infringement crimes since 2020. Yang Can, a full-time member of the Procuratorial Committee of Baoxing County Procuratorate in Sichuan Province, once handled a case where a stone company and its legal representative Lin were sentenced to imprisonment for illegal mining, involving multiple property related judgments. We found that the wording in the judgment, such as' other seized items shall be disposed of by the seized authority in accordance with the law ', was unclear and the disposal unit was not clear, resulting in multiple machines and tools of the enterprise being sealed and unable to be put into production. ”Yang Can said that the procuratorial organs carried out supervision in accordance with the law, and by issuing notices to correct illegal activities, urged the public security organs to return machinery worth more than 2 million yuan in accordance with the law, effectively safeguarding the legitimate rights and interests of enterprises. it happens that there is a similar case. In early April 2024, the Procuratorate of Fuqing City, Fujian Province received a written supervision application submitted by a trading company, reflecting that the public security organs did not timely refund the relevant compensation after the judgment came into effect in accordance with the law. The Fuqing Procuratorate immediately launched an investigation and verification work, reviewed the investigation files, examined the compensation vouchers, inquired about the compensation situation with the public security police, and verified the whereabouts of the compensation with the finance department of the public security organs. After investigation, it was found that the public security organs did not promptly return the compensation of 310000 yuan to the victimized enterprise in this case. The Fuqing Procuratorate immediately issued a supervisory opinion to the public security organs, urging them to return the compensation according to the effective judgment of the court. On April 8th of the same year, the trading company received a refund of 310000 yuan from the public security organs, which relieved the urgent situation of the enterprise. It is reported that during the special event, procuratorial organs in various regions increased their supervision efforts. More than 3500 written corrective opinions and procuratorial suggestions were put forward by procuratorial organs nationwide, effectively solving the "difficulty of execution", supervising and promoting the implementation of more than 600 million yuan, further strengthening the equal protection of various business entities in accordance with the law, and providing strong judicial guarantees for creating a legal business environment and promoting high-quality economic and social development. With the advancement of technology, the supervision of criminal execution and prosecution is constantly exploring new technologies and means to improve the quality and efficiency of supervision through data empowerment. In the wave of "data empowerment", the procuratorial organs have created a big data legal supervision model, collected and analyzed data, and achieved the transformation from individual case handling to similar case supervision, effectively solving the problem of supervision. On June 26th of this year, the Changshou District Procuratorate of Chongqing City used a big data legal supervision model to supervise the execution of criminal judgments involving property. Through data verification and comparison, it was found that the criminal Hua in a theft case had prepaid the refund to the court's target account before the judgment, but the court had not returned the money to the victim unit for a long time after the judgment came into effect. Is this situation accidental or common? The prosecution immediately launched an investigation. After investigation, the Changshou District Procuratorate found more than 20 cases with similar situations, involving more than 100 victims and a total amount of over 2 million yuan. The court immediately carried out supervision of similar cases in accordance with the law. The court adopted the supervisory opinions of the procuratorial organs on the case of Mr. Hua and related cases, and in August of this year, returned a compensation of 5000 yuan to the victim unit in the case of Mr. Hua, and gradually returned the remaining compensation of more than 2 million yuan to 182 victims in related cases. The difficulty of execution has always been a prominent problem that troubles the execution of property related criminal judgments, not only reflected in the fact that the executed person has no property available for execution, but also in the fact that the executed person has property available for execution but misses execution due to poor internal coordination and work disconnection within the judicial organs. Under the collision of big data, missed supervision clues will be screened out in batches, and the procuratorial organs can expand the supervision perspective from "points" to "surfaces". So, how can we break down departmental barriers and achieve data collision? In response to the handling of property involved in criminal cases by public security organs based on effective criminal judgments, the procuratorial organs of Longyan City, Fujian Province, have actively and effectively supervised this using big data, promoting the procuratorial organs of Longyan City to dispose of nearly 150 million yuan of property involved in accordance with the law. They first relied on information platforms such as the National Procuratorial Business Application System and "Fujian Prosecution e-Home" to proactively retrieve effective criminal judgment documents involving property judgments from the same level courts; On this basis, a case by case comparison will be made with the list of seized, detained, frozen, and disposed of property involved provided by the public security organs, and an electronic work ledger will be established that includes basic case information, judgment items, execution status, existing problems, and other elements; Finally, through the use of information technology, batch comparison and cross analysis were conducted between the judgment document information and the data on the disposal of property involved by the public security organs. Through methods such as keyword search, time node comparison, and field matching verification, abnormal criminal judgment related property disposal data were systematically screened and identified. This method greatly improves the efficiency of initially discovering supervisory clues from massive cases, effectively expands the coverage range, and provides clear targets for subsequent precise supervision. ”The prosecutor handling the case said. In the case of Ma Moumou's criminal judgment involving property execution supervision handled by the Baoying County Procuratorate in Jiangsu Province, the criminal Ma Moumou was sentenced to two years in prison and fined 200000 yuan for the crimes of embezzlement, corruption, and bribery. He withdrew 209500 yuan of stolen funds from the case, which were confiscated according to law and turned over to the national treasury. On April 30, 2020, the court filed for execution of the remaining fine of over 110000 yuan for the property involved in the criminal judgment of the case. After investigating and controlling the financial accounts, the actual execution was only over 4000 yuan. Ma promised and formulated a two-year repayment plan, agreeing to pay in full before December 25, 2022. On May 26, 2020, the court ruled to terminate the execution without performance, and no other enforcement measures were taken in the case thereafter, resulting in the "termination of the execution". In January of this year, the Baoying County Procuratorate found during daily inspections of cases where the property related part of criminal judgments had not been fully executed that most of the execution case files showed that the court did not actually verify the provident fund and other accounts, and only determined that there was no property available for execution based on formal feedback from the investigation and control system. Prior to the incident, Ma and others who were executed were state employees, and their personal assets were not limited to bank deposits, real estate, etc. They should have assets such as provident fund and pension funds available for execution. Starting from this case, the Baoying County Procuratorate immediately deployed a special activity to supervise the execution of property related criminal judgments in cases of duty crimes. Cases that meet the scope of this special activity but have not been executed properly were investigated on a case by case basis. On April 16th, the supervisory opinions were submitted to the court in accordance with the law. At the same time, prosecutorial suggestions were issued to the court regarding the common and biased issues found in this special activity. The court stated that it has adopted the supervisory opinion and arranged execution teams to investigate and control cases of job-related crimes in the past 10 years. It has found that all cases with executable property have been restored to execution, and a comprehensive investigation has been conducted into the areas of omitted property. As of the end of September this year, the Baoying County Procuratorate has urged the court to settle more than 1.62 million yuan, including more than 1.45 million yuan in housing provident fund. The reporter learned that as early as 2023, the Supreme People's Court and the Supreme People's Procuratorate jointly issued a notice to launch the "Thunder 2023" special operation nationwide, conducting a comprehensive verification of the execution of the property related part of criminal judgments in duty crime cases that have come into effect in recent years. According to statistics, during the special operation, the procuratorial organs put forward more than 4000 written corrective opinions, put forward more than 400 procuratorial suggestions, and supervised and promoted the implementation of more than 3000 cases. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links