Do criminals hate their victims

Are the proceeds of crime returned to the victims?

According to the provisions of Article 64 of the Criminal Law, there are several ways to dispose of the relevant property: recovery, order restitution, return, confiscation, and surrender to the state treasury.

1. Recovery. In the course of the investigation and examination for prosecution of the criminal offenders, the investigating organs and the public prosecution organs shall recover the illegal and criminal proceeds of criminals at any time, both to ensure the smooth progress of the litigation procedures, because the original items are also evidence, and also to ensure the smooth realization of the trial results, the courts should also recover them in the course of the trial. Attention should be paid to the following points in the recovery of illegal gains of criminals:

First, if the unlawful gains are in kind, the original should be recovered, and if they are not the original, they should not be recovered. That is, the items illegally obtained by criminals should be specific things, not kinds of things. As mentioned above, the illegal gains of criminals have the effect of evidence and should be the original.

Second, there is a debate in the academic community as to whether the illegally obtained money should be a specific thing or a kind of thing. In the author's opinion, currency itself is a general equivalent, characterized by circulation and unity, so the currency obtained illegally is not a specific thing, but a kind of thing, as long as there are illegal gains that should be recovered, and the criminals have money to enforce, they should be recovered.

2. Order restitution.

In the case where the criminal's unlawful gains and funds cannot be recovered, the public security and judicial organs shall order the criminal to make restitution. Non-recoverable refers to the following situations:

First, the loss or loss of the original value of the original thing. In the case of the loss of the original property obtained by the criminal, the criminal shall be ordered to compensate the corresponding amount of money according to the value of the original in accordance with the principle that the criminal should not profit from the crime. With regard to the value of the original goods, Article 5, Item 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases stipulates that the value of stolen goods that have been sold, squandered, discarded, destroyed, irretrievable, or changed hands several times or destroyed in their original form shall be determined on the basis of the statements and testimony of the owner, witnesses, and valid evidence provided, as well as the defendant's confession, and then in accordance with the relevant valuation method.

However, in judicial practice, there are often situations where the defendant is not clear about the characteristics of the stolen items and cannot corroborate them with the statements of the owner, and the owner cannot provide valid evidence, so the value of the stolen items cannot be determined.

Second, if the original thing still exists but is not traceable, that is, the original thing is not retroactive because it was acquired by a third party in good faith. Acquisition in good faith means that the person in possession of movable property has no right to dispose of the property in his possession, and after transferring the property to a third party, if the transferee acquires the property in good faith, he immediately acquires ownership of the property. China's criminal law does not stipulate the system of bona fide acquisition by a third party of criminals' criminal proceeds, so many scholars believe that according to China's traditional civil law and criminal law concepts, the law prohibits the flow of stolen goods, so criminals' criminal proceeds are not applicable to bona fide acquisition.

In the author's opinion, the illegal gains of criminals are located.

I don't know much about what the opposition and elements hate and what they have in mind, but I know they turned out to be criminals, but what they did must have endangered other people.

I think criminals hate hateful people, mostly like that. A small percentage is just the bad luck of this victim.

Criminals don't pick people if they want to commit crimes, and whoever they want to commit crimes will commit crimes as long as they can get what they want.

Some criminals are not picky, it depends on who is unlucky to meet them.

Criminals are the most annoying to the victim saying that the sentence is light.

Not necessarily, some people kill for the sake of killing.

How can criminals succeed without victims? --

Law and morality are not comparable. However, the basis of the law is also to uphold moral fairness. Control the amount of crime, if you destroy the social system because of personal grievances, just like a player who breaks the rules of the game, then the official will inevitably punish you, block your account, and deduct your points.

Therefore, there is nothing wrong with harming others and inevitably being punished. And murderers are not all capital punishments. As for the life and death of the victims, it can only depend on personal opinions, some people deserve to die, but there will still be people who vote for their survival.

Nothing is inevitable in this society, and all punishments are not necessarily absolutely fair, but the public's thinking is always objective.