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SPP Issues Guiding Cases on Forfeiture of Foreign Property in Criminal Cases

Tue, 11 Jan 2022
Categories: China Legal Trends

On 9 Dec. 2021, the Supreme People’s Procuratorate (SPP) issued the 32nd batch of guiding cases on procedures for the forfeiture of illegal proceeds of offenses in office. 

Among them, Case No. 128 deals with the forfeiture of overseas property.

In that case, the criminal suspect or defendant Peng transferred the proceeds of bribery abroad through money laundering, purchased property and treasury bonds in four countries, and started immigration applications.

The Procuratorate filed applications for forfeiture of Peng’s overseas properties in all four aforementioned countries. With no objections from the interested parties or their legal representatives, the application was upheld by the court.

After the courts ruled in favor of the forfeiture of illegal proceeds, China applied for extraterritorial enforcement through international criminal judicial assistance. Now, the rulings have been recognized by some countries.

According to the case, the property acquired abroad can be considered “highly probable” illegal proceeds that must be forfeited, if there is evidence suggesting that the suspect or defendant transfers the illegal proceeds abroad, that the expenditure on the acquisition of it is less than the illegal proceeds transferred, and that the suspect or defendant does not have other sources of income sufficient to pay for it.

 

 

Cover Photo by Xianyu hao on Unsplash

Contributors: CJO Staff Contributors Team

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