Whether unenforceable property can be subject to confiscation

Confiscation of property is a method of punishment in which part or all of the property owned by a criminal is forcibly confiscated to the State without compensation. Confiscation of property is also a form of property punishment, but it is different from fines and is a method of punishment applicable to criminals who have committed serious crimes. The confiscation can only be property belonging to the offender himself, including property owned by the offender himself and his share of the property jointly owned with others in accordance with the law.

When confiscation of property is sentenced, property belonging to the criminal's family or due diligence must not be confiscated. The confiscation of property is not the same as fines, nor is it the same as the recovery of illicit gains, the confiscation of contraband and personal property used in the commission of crimes. Fines are lighter property penalties and are applicable to lesser offences; Confiscation of property is a heavier property penalty and is applicable to more serious crimes.

A fine is a penalty that makes the offender pay a certain amount of money; Confiscation of property deprives the offender of part or all of his personal property, which may be in the form of money or other property (both movable and immovable). The confiscation of property is a penal method, but the recovery of illicit gains, the confiscation of contraband and criminal items are not. Any property illegally obtained by criminals shall be recovered or ordered to be returned.

According to the provisions, the judgment of confiscation of property, whether applied additionally or independently, shall be enforced by the people's court; When necessary, it may be enforced in conjunction with the public security organs. Legal basis: Article 59 of the Criminal Procedure Law of the People's Republic of China provides that confiscation of property is the confiscation of part or all of the property owned by a criminal individual.

Where all property is confiscated, the necessary living expenses shall be retained for the individual criminals and their dependents. When confiscation of property is sentenced, property belonging to the criminal's family or due diligence must not be confiscated.

These are fundamentally two concepts.

Unenforceable property refers to the situation that has been adjudicated and discovered in the course of enforcement.

Confiscation of property is a punishment in criminal cases.

If it is found that there is no property that can be enforced, the investigation may be continued, or the enforcement may be stopped.

There is no longer any enforceability, what is the sentence?

Methods for handling cases where there is no property available for enforcement: if there is no property temporarily, the enforcement will be suspended, and the enforcement of Liang Songyu will be resumed when there is property; If there is no property available for enforcement for a long time, the enforcement shall be terminated, and the application for enforcement shall be re-applied when the property is discovered.

[Legal basis].Article 256 of the Civil Procedure Law of the People's Republic of China.

In any of the following circumstances, the people's court shall rule to suspend enforcement:

1) The applicant indicates that enforcement can be extended;

Article 257.

In any of the following circumstances, the people's court shall rule that the final rubber rolling knot shall be enforced:

1) The applicant withdraws the application;

2) The law on which the law is enforced has been revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

4) The person entitled to the right to recover alimony, alimony, or child support is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and loses the ability to work;

6) Other circumstances where the people's court finds that enforcement should be terminated.

Article 258.

Rulings on suspension and termination of enforcement shall take effect immediately after being served on the parties.

The enforcement authority for the confiscation of property is the people's court. The Criminal Procedure Law stipulates that a judgment on confiscation of property, whether applied additionally or independently, shall be enforced by the people's court; When necessary, it may be enforced in conjunction with the public security organs.

1. What are the main punishments?

The main punishments are as follows:

1. Control; 2. Criminal detention;

3. Fixed-term imprisonment;

4. Life imprisonment;

5. The death penalty. Among the enforcement of the main sentence, the most widely applicable sentence should be the execution of prison sentence, which can be divided into two types: fixed-term imprisonment and life imprisonment. The death penalty is the most severe of all the main executions.

2. Can death caused by negligence be released on bail pending trial in our country?

After applying for bail pending further investigation, a criminal suspect may go to a province outside the town, but only if he obtains the approval of the enforcement organ. The Criminal Procedure Law stipulates that where the people's courts, people's procuratorates and public security organs may be sentenced to controlled release, short-term detention or independently apply supplementary punishments; Criminal suspects or defendants who might be sentenced to fixed-term imprisonment or higher, and whose release on guarantee pending further investigation would not cause danger to society, may be released on guarantee pending further investigation.

3. Is it impossible for a repeat theft offender to be released on bail pending trial?

There are certain conditions for release on guarantee pending further investigation, and recidivism is generally found to be a danger to society, so the provisions on release on guarantee pending further investigation will not apply. China's Criminal Procedure Law stipulates that the people's courts, people's procuratorates, and public security organs may release criminal suspects or defendants on guarantee pending further investigation in any of the following circumstances:

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and the use of release on guarantee pending further investigation will not cause social danger to occur;

4) The period of detention has expired, and the case has not yet been completed, and it is necessary to take release on guarantee pending further investigation.

Release on guarantee pending further investigation is to be enforced by the public security organs.

Article 271 of the Criminal Procedure Law.

Where convicts sentenced to fines do not pay them at the completion of the time period, the people's courts shall compel them to pay them; If there is real difficulty in making the payment due to irresistible disasters or other reasons, the payment may be postponed, reduced or waived as appropriate upon the people's court's ruling.

Article 272.

Judgments on confiscation of property, whether applied additionally or independently, are to be enforced by the people's courts; When necessary, it may be enforced in conjunction with the public security organs.