How to return the money seized by the procuratorate to the victim?

If the verification is true, it is indeed your property, then according to Article 9 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud, the fraudulent property and its fruits that have been sealed up, detained and frozen after the incident, if the ownership is clear, shall be returned to the victim; If the ownership is unclear, the victim may be returned according to the proportion of the defrauded money and goods to the total amount of property and fruits seized, detained or frozen in this case, but the compensation already returned shall be deducted.

legal ground

Article 138 of the Supreme People's Court's "Interpretation of Application" stipulates that if a victim suffers material losses because his personal rights are violated by a crime or his property is destroyed by criminals, he has the right to file an incidental civil action in the course of criminal proceedings; If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action. The people's court shall not accept an incidental civil action or a separate civil action claiming compensation for mental damage due to criminal infringement.

Mou Wei, a close relative of the plaintiff, has been working in Wudi Xinyue Chemical Group Co., Ltd. since May, 2006 19, and his main income is in towns. Therefore, according to the relevant standards of urban residents, his death compensation is 36,789 yuan ×20 years, that is, 735,780 yuan, and his funeral expenses are 69,305 yuan. The living expenses of plaintiff Wei's dependents were calculated according to the relevant standards of urban residents, and in 2003 it was 23,072 yuan × 65,438+2 people, that is,149,968 yuan. According to Article 16 of the Tort Liability Law of People's Republic of China (PRC), the living expenses of the dependents are included in the death compensation, so Wei's death compensation is 885,748 yuan (735,780 yuan+65,438 yuan+049,968 yuan). According to the actual situation of this case, the transportation expenses for supporting the four plaintiffs to handle Wei's funeral are 65,438+0,000 yuan. Fourth, the plaintiff claims that the lost time for dealing with bereavement is too high. According to the actual situation of this case, the five-day lost time for five people is 69.75 yuan × five people × five days, that is, 1.743.75 yuan.

Article 138 of the Supreme People's Court's Interpretation of Application stipulates that the people's court shall not accept an incidental civil action or a separate civil action requesting compensation for mental damage due to criminal infringement. The loss of the victim in this case was caused by Wang's criminal behavior. According to the above provisions, the amount of compensation for mental damage claimed by the four plaintiffs is 10000 yuan, which is not supported. The fetus does not have the capacity for civil rights and does not belong to the civil subject. Of course, it has no claim. Therefore, the plaintiff's claim for the maintenance of the fetus in the womb will be dealt with separately after the fetus is born and its damage is identified.

According to Articles 6, 15, 16 and 18 of the Tort Liability Law of People's Republic of China (PRC) and Article 76 of the Road Traffic Safety Law of the People's Republic of China, the judgment is as follows:

1. The defendant China People's Property Insurance Co., Ltd. Binzhou Branch compensated the plaintiffs Mou Wei, Gao Mou, Ning Mou and Mou Wei for death compensation within the liability limit of motor vehicle compulsory insurance 1 10000 yuan;

2. Defendant Wang compensated the plaintiff, Gao Mou, Ning Mou, death compensation of 775,748 yuan (885,748 yuan-10000 yuan), funeral expenses of 34,652.5 yuan, lost time 1743.75 yuan, and transportation expenses1.

The above amount shall be paid within 10 days after this judgment comes into effect.

If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).

The case acceptance fee is 14700 yuan, and 7350 yuan is charged at half. Plaintiff, Gao Mou, Ning Mou, bear 1 182 yuan, defendant Wang Mou bears 5433 yuan, and defendant China People's Property Insurance Co., Ltd. Binzhou Branch bears 735 yuan.

If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other party or representative, and appeal to the Intermediate People's Court of Binzhou City, Shandong Province.