How to report the source of huge property without evidence?

First, there is no evidence to report the source of huge amounts of property in the following ways:

1. If you don't have specific evidence of corruption and bribery, you can also report it. If the parties suspect that others are suspected of corruption and bribery, they can report to the local procuratorate or the discipline inspection department, anonymously or with their real names.

2. If the informant has no clear evidence, he should also try his best to provide the clues he knew or mastered at the time of reporting, so that the judicial organs can conduct investigations in a timely and purposeful manner. If it is verified, it may be punished by the administrative and discipline inspection departments according to law; If it constitutes a crime of corruption and bribery, the procuratorial organ will file a case for investigation and investigate the criminal responsibility of the reported person according to law.

Second, the sentencing standards for corruption and bribery crimes:

If the amount is more than 30,000 yuan but less than 200,000 yuan, it is a "relatively large amount", and the amount is more than 6,543,800 yuan but less than 30,000 yuan. Suspected of one of the following circumstances, belonging to "other serious circumstances", should be placed on file, sentenced to fixed-term imprisonment of not more than three years or criminal detention, and fined:

1, corruption and disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations and other specific funds and materials;

He was punished by party discipline and administration for corruption, bribery and misappropriation of public funds.

Third, there is no evidence to report:

1, after preliminary investigation, if it is believed that there are criminal facts that need to be investigated for criminal responsibility, it shall be filed; If it is considered that there are no criminal facts or the criminal facts are obviously minor, criminal responsibility may not be investigated.

2. According to the Criminal Procedure Law of People's Republic of China (PRC), "the people's court, the people's procuratorate or the public security organ shall promptly review the materials of reporting, accusing, reporting and surrendering."

Four, the composition of the crime of huge property of unknown origin:

1. The object of the crime of huge property of unknown origin is a complex object. It not only violates the ownership of public and private property, but also violates the normal activities and prestige of state organs. Some of these crimes may be state or collective property obtained by illegal means, and some may be property illegally obtained from private legal property.

2. The crime of huge amount of unidentified property objectively shows that its property or expenditure obviously exceeds the legal income, and the difference is huge, but I can't explain that its source is legal.

(1) The crime of huge unidentified property must objectively meet the following two conditions: First, the property and expenditure obviously exceed the legal income, and the amount is huge. This is the premise of the crime of huge property of unknown origin. The "property" mentioned here refers to the property actually owned by state staff; "Expenditure" refers to the money and goods actually paid by state staff. "Legitimate income" refers to the property legally owned by the actor, such as salary, bonus, inheritance, etc. Second, the actor can't explain the legal source of these huge difference properties. Which means the source of the property is unknown.

(2) The crime of huge unidentified property requires not only a huge difference between the possession, expenditure and legal income of the property, but also the difference from illegal income. The conclusion that the source of property is illegal is inferred by the actor's inability to prove the legitimacy of his property. As for how and by what means the actor illegally obtained the property, these are not the circumstances that must be ascertained. If we can find out the legitimacy of the source of property, it does not constitute the crime of unclear source of huge property. If property is found to be the proceeds of one or more crimes, such as corruption, bribery, smuggling, etc. What crime should I be convicted of?

3. The subject of the crime of huge unidentified property is a special subject, that is, it can only be composed of state staff.

4. Subjectively, the crime of huge amount of unidentified property is manifested as direct intention. Because the actor knows that his property or expenditure obviously exceeds his legal income, the source of his huge difference property is illegal. When the judiciary ordered him to explain the source, I couldn't explain its source. But it's not that the actor can't tell the source of the property objectively, but that he is subjectively unwilling to explain or deliberately fabricate the source of the property.

Legal basis:

Criminal law of the people's Republic of China

Article 395 For the crime of huge amount of property of unknown origin, if the property and expenditure of a state functionary obviously exceed the lawful income, and the difference is huge, the state functionary may be ordered to explain the source; If the source cannot be explained, the difference shall be regarded as illegal income and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the difference is especially huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The difference in property should be recovered.

Crime of Concealing Overseas Deposits The deposits of state functionaries abroad shall be declared in accordance with state regulations. Those who fail to report a large amount shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are relatively minor, administrative sanctions shall be given at the discretion of the unit to which they belong or the competent authority at a higher level.