What provisions of international law should be paid attention to in pursuit of recovery?

Article 52 the National Supervisory Commission (NSC) should strengthen the organization and coordination of international anti-corruption pursuit and recovery work, and urge relevant units to do relevant work:

(1) For major and important cases of duty crimes such as corruption, bribery and dereliction of duty, if the investigated person has fled abroad and the evidence is conclusive, he shall be pursued and brought to justice through overseas cooperation in pursuit and recovery;

(2) Requesting the country where the stolen money is located to inquire, freeze, detain, confiscate, recover and return the assets involved;

(3) Inquiring and monitoring the entry, exit and cross-border capital flow of public officials suspected of duty crimes and their related personnel, and setting up escape prevention procedures in the process of investigating cases.

This article is about anti-corruption international pursuit and escape prevention.

The main purpose of this paper is to further clarify the organization, coordination, supervision and performance of the National Supervisory Commission (NSC) (NSC) in the international anti-corruption pursuit and recovery work, and to promote relevant domestic units to actively perform their duties related to international anti-corruption cooperation.

This paper is divided into three items. The first item stipulates "chasing". "Anti-corruption international pursuit and recovery" refers to the investigation of persons who have fled abroad and are suspected of major corruption, bribery, dereliction of duty and other duty crimes, and in the case of conclusive evidence, they are pursued and brought to justice through overseas pursuit and recovery work. Extradition is the official channel and ideal way to carry out anti-corruption international pursuit and recovery, and repatriation, persuasion and prosecution in different places are alternative measures to extradition.

First, extradition refers to making a request to the country where the fugitive is located according to bilateral treaties, multilateral treaties or on the basis of reciprocity, and transferring the person suspected of committing a crime to China for prosecution and punishment. There are strict restrictions on extradition. At present, the main principles are: the principle of non-extradition of political prisoners; The principle of non-extradition of death penalty; The principle of non-extradition of citizens; The principle of double criminality; Treaty prepositionism.

Second, repatriation, also known as repatriation by immigration law, refers to that China provides false identities such as illegal and criminal clues and forged passports to the countries to which the fugitives fled, so that the countries to which they fled deprive them of their residence status, and forcibly repatriate them to China or a third country according to immigration laws and regulations.

Third, prosecution in different places refers to the transfer of jurisdiction to the fleeing country when China is unable to exercise jurisdiction, and supports the fleeing country to convict and sentence China fugitives according to local laws and the evidence provided by us. After conviction and sentence, fugitives are often forcibly repatriated, at which time they may be deported to the country for legal sanctions.

Fourthly, persuasion means persuading and educating the fugitives to return to China voluntarily and accept prosecution, trial or execution of punishment. Persuading to return is an ideological and political work. The main means is to persuade and educate criminal suspects, convince them with reason, impress them with emotion, convince them with law, promise to deal with conditions lightly, and promote their fundamental psychological change.

Fifth, unconventional measures. There are two common types: (1) kidnapping, in which fugitives are arrested and returned to China by kidnapping; (2) Entrapment: luring a criminal suspect to the territory of the luring country, international high seas, international airspace or a third country with extradition treaties, and then arresting or extraditing him. Kidnapping or entrapment is rarely used in practice because it will violate the criminal law of the host country, constitute the crime of illegal detention or kidnapping, and lead to diplomatic disputes.

The second provision is "memorial service". "Anti-corruption international pursuit and recovery" refers to the recovery of criminal assets by asking the countries where the stolen money and goods are located to inquire, freeze, detain, confiscate, recover and return the assets involved. Specifically, the means to carry out international mourning cooperation mainly include:

First, while carrying out cooperation such as extradition and repatriation, hand over stolen money and goods as requested. For criminal suspects such as corruption and bribery who abscond with money, when China makes extradition requests to the country where the criminal suspects are located according to bilateral extradition treaties or multilateral international conventions with extradition provisions or the principle of reciprocity, it usually comes with a request of "handing over stolen money and goods" or at the same time carries out international cooperation to recover them.

The second is to assist the country where the stolen money is located to start the recovery procedure according to its domestic law, and then confiscate and return it. Most western countries have stipulated in detail the system of confiscation of criminal proceeds and the procedure of returning assets. In addition to criminal confiscation, there is also a civil confiscation system in the United States that is not based on criminal conviction. In practice, the scope of confiscation and return can also be extended to criminal proceeds or property, criminal assets, equipment or other equivalent tools.

Third, the victim or the injured unit recovers criminal assets through civil litigation in the country where the stolen money is located. According to the United Nations Convention against Corruption and the laws of most countries, victims (or units) who have suffered material losses due to crimes such as corruption, misappropriation of public funds and misappropriation of public funds. Have the right to act as a civil plaintiff to file a civil lawsuit against the infringer (as well as the criminal suspect in a criminal case, etc.). ) property infringement or confirmation, and ask the civil defendant to return the infringed property or compensate for the losses.

Fourth, China has initiated a special confiscation procedure for illegal income. After the court makes a confiscation judgment, it requests the country where the stolen money is located to recognize and execute it. The Criminal Procedure Law has established special procedures for confiscating illegal gains in major criminal cases such as corruption and bribery crimes and terrorist activities. It stipulates that if a criminal suspect escapes or dies, the procuratorate may apply, and the court shall make a confiscation ruling according to law, and then request the country where the assets involved are located to recognize and enforce them.

The third provision "escape prevention". "Escape prevention" refers to strengthening organizational management and cadre supervision, inquiring and monitoring the entry and exit of public officials suspected of duty crimes and their related personnel, and improving escape prevention measures to prevent public officials suspected of duty crimes from fleeing. It is better to "prepare for a rainy day" than to "mend it after it is too late". Adhere to both pursuit and escape prevention, do a good job in escape prevention while increasing the intensity of pursuit, and establish and improve an effective mechanism that does not dare to escape and cannot escape.

First, strengthen the daily education, management and supervision of public officials. Relevant organizations and units should earnestly shoulder the main responsibility, strictly implement various management regulations, work hard at ordinary times, move forward at the gateway, and do a good job in prevention. It is necessary to grasp the ideological, work and living conditions of public officials in a timely manner, understand the latest trends, be more vigilant about key positions, ask more questions about problems that arise, and find, report and dispose of those who have the tendency to flee early.

The second is to improve anti-escape measures and build anti-escape dams. It is necessary to strictly implement the passport management of public officials and the entry-exit examination and approval filing system, conscientiously implement the relevant provisions on the management of state staff outside the country (territory) where their spouses and children emigrate, regularly carry out the clean-up of "naked officials", and do a good job in the spot check and verification of personal reports of leading cadres in party member. Supervisory organs and law enforcement judicial organs should set up escape prevention procedures when investigating cases, and there should be no "vacuum" in control before filing a case. Monitoring measures should be taken in time for key targets, so that those who attempt to flee can "touch the net" and turn back. It is necessary to strengthen anti-money laundering work, cut off the outflow channels of illegal funds, freeze the movable and immovable property of corrupt elements in China, and block the outflow channels of illicit money.

The third is to strengthen accountability. Supervisory organs and relevant departments are responsible for the escape of the investigated persons and the transfer of stolen money and goods. It is necessary to strengthen the sense of responsibility and earnestly implement the deployment of various work to prevent escape. If a public official who has committed a serious duty crime is found trying to escape, he should report it immediately and deal with it quickly. The measures should be taken in time, and the investigation should be investigated as soon as possible. If the problems that can be found are not found, and the problems are not reported or measures are not taken in time, it is dereliction of duty and the responsibility must be seriously investigated according to law.

It should be noted that the international anti-corruption pursuit and escape prevention involves a wide range and the work is complex, so it is necessary to give full play to the functions of relevant units under the overall coordination of the the National Supervisory Commission (NSC) (NSC). Especially in the work of escape prevention, all relevant units in China can't fight alone. They should coordinate and cooperate, strengthen analysis and judgment, find clues that public officials may flee, and start preventive measures in time.