2014-05-14

When Chinese Officials Overseas Suddenly Disappear

This article in People's Daily warns corrupt officials that disappearing overseas isn't so easy anymore.

Overseas is no longer a safe haven for corrupt officials
Earlier this year, the work report that three times in the eighth plenary session of the Central Commission for Discipline Inspection of the CPC Central Committee, secretary of the Central Commission for Discipline Inspection Wang Qishan, "Pursuit stolen goods increased international efforts to never let corrupt impunity, to attempt to flee to deter corrupt. "

  Cao Jianming, Supreme People's Procuratorate in the work report to the NPC also said that this year, prosecutors will work closely with relevant departments to deepen international judicial cooperation against corruption, increase flight crimes suspects efforts to hunt down stolen goods.

  In recent years, continue to strengthen our work overseas pursuit stolen goods, stolen goods pursuit of the French Open progressively tightened -

    

  Corrupt officials is how to get out of? Why is it so difficult to come back

  Recently, Switzerland signed a declaration on the implementation of the inter-bank automatic exchange of information standards. All financial information collected from various countries and financial institutions within their jurisdiction in accordance with this standard, countries and jurisdictions have the right and the jurisdiction of a year, with other governments and automatic exchange of information. This means that the traditional bank secrecy in Switzerland, known for foreign clients will voluntarily submit account information. Although the implementation of this Declaration also requires the Swiss Parliament voted, and may even require a referendum, but the hormone is known to Swiss bank secrecy does not actually "confidential" message still caused a shock in the distant China, people have speculated that it will be China's anti-corruption cause what kind of impact? Some experts said that open bank accounts to deter the Chinese tried to transfer the assets of corrupt officials, to China to punish corruption is important.

  Corrupt officials fled overseas pursuit of stolen goods has been a hot topic of anti-corruption. Whether it is mountains, Hu Xing Yuan Shun, have already returned to the same trial of corrupt officials, or aryl Jiang, Chen Zhuanbai, Yang Xianghong corrupt elements still at large, etc., have been aroused great public curiosity: they are how to get out of? Why is it so difficult to come back?

  "Flee not fight a battle unprepared." National People's Congress, the first chairman of Zhejiang Ningbo Teng Fu enterprise level, "said fled in panic less, and more pre-planning, a number of officials to flee as the final bottom line, well in advance of the transfer of assets , family relocation, multiple passports and other preparatory work. "In fact, due to the diversification of economic instruments of crime and anti-corruption continued high pressure situation, some" problem officers "consciously forthcoming exposed, often under the guise of visiting relatives, doctor, vacations, etc. reason, walk away, suddenly lost contact, and even some officials in study abroad is suddenly missing. "Flight officials often involves economic positions in finance, taxation, transportation, land and other sectors, a huge amount of money involved, hundreds of thousands of yuan, or even a billion dollars, a huge loss to the country and people's property."

  "Overseas pursuit of criminal justice is a major problem, many of the issues related to international law and foreign law, we are required to open and innovative approach to take effective measures to overcome the difficulties of international cooperation and resolve encountered." Beijing Normal criminal law professor at Institute of Science, said Huang Feng, China's foreign fugitives usually have four paths, in addition to extradition, there are immigrant repatriation, offsite prosecution and persuaded to return.

  "In recent years, China's overseas pursuit remarkable work, a large number of corrupt officials or repatriation or extradition were advised to return the country." Huang Feng said. According to the Supreme People's Procuratorate statistics, in 2013 China's total crimes fugitive arrested 762 suspects, recovered the stolen money total 10.14 billion yuan, increasing display of international judicial cooperation and smooth, the criminal justice system has gradually improved.

  Establish criminal suspects information database, perform illegal income confiscated program

  Recently, under the Supreme People's Procuratorate issued the "Circular on Further Strengthening pursuit ZhuiZang work notice", the procuratorial organs at all levels should emphasize pursuit and handling stolen goods work in the position to treat the work as important, regardless of where the suspect fled, No matter how long it escaped, would they have to persevere under arrest, and never allow anyone to go unpunished.

  "Supreme Procuratorate notice there are two bright spots, one is required to establish criminal suspects information database, the second is to fulfill the revised Criminal Procedure Law emphasized the illegal income confiscated new program." Huang Feng said that in the notice of the Supreme Procuratorate, procuratorial organs at all levels should explicitly requested in the region after filing all cases of suspects at large to conduct a comprehensive clean-up, find out the base, establish and improve Suspects information database. "Fugitive corrupt database can store not only the duties and personal information, you can also collate and analyze all kinds of investigators clues, clues in screening, secret preliminary investigation, criminal law analysis and other work to play a positive role in providing the most complete work of anti-corruption ZhuiZang IT support. "

  The revised Criminal Procedure Law of the creation of a special chapter of the "criminal suspects and defendants into hiding, the death of the illegal income confiscated Program" to provide for major criminal cases of corruption and bribery crimes, terrorist crimes and other criminal suspects and defendants in Wanted After a year of not appearing in court, should pursue the illegal proceeds and other property involved. "This has the effect of the suspects involved in property issues and problems to be processed separately." Renmin University of China Law School professor Chen Weidong said. In judicial practice, there are often cases of corruption suspects into hiding or death situation, because our law does not allow trials in absentia, so when the suspect into hiding, the proceedings will not start, the proceeds of crime, property can not be long-term be recovered without conviction expropriation procedures, can be targeted to solve this problem, which is to restore the country's economic losses for the timely significance.

  "Rather than spend a great effort after the pursuit, as corrupt officials fled truss fence, to prevent its flight." CPPCC National Committee members, Jiangxi Normal University, Professor Wang Donglin said that as more and more domestic and international economic and social contact close, more and more ordinary party members and cadres also have the opportunity and ability to emigration, while at the same time, the local grassroots cadres relatively relaxed immigration controls, comprehensive prevention officials fled seem urgent.

  Experts suggest that to plug the loopholes in the system should be strengthened Fangtao overall planning, increased verification efforts, the use of bank, securities, immigration and other system information than strict and effective screening attempts corrupt officials. Meanwhile, you can also carry around license management and other key aspects of special projects, strictly officials abroad (Habitat) for review, improve officials abroad (Habitat) early warning mechanisms and suspicious whereabouts reporting mechanisms.

  Stolen goods and the pursuit of equal importance, should also strengthen the anti-money laundering legislation and the regulatory regime

  "At present, the focus of anti-corruption efforts are still outside on the pursuit, the stolen goods work pay enough attention." Said Huang Feng, fugitives and stolen goods are two equally important issues, stolen goods is a key step in pursuit indispensable especially economic crime, not only stolen goods not only unscientific pursuit in law, in fact, affect the pursuit of results.

  Corrupt shift to overseas illegally acquired property is the most commonly used means of money laundering. By signing a false trade contracts, loan contracts or registered in offshore shell companies and other ways to cover the transfer of huge amounts of money to obtain or use. Or through underground banks, the use of large withdrawals and multi-account funds to jump the way, the transfer of huge amounts of money at the same time, engage in the transfer of funds off or messing up the chain, allowing prosecutors to lose track of the target. These means, the criminal records of many corrupt officials can be seen. Through money laundering, illegal income has become a legitimate income, the prosecution would like to prove illegal foreign assets more difficult, thus affecting the effectiveness of the work of the stolen goods.

  Although our country has developed "anti-money laundering regulations of financial institutions" and many other anti-money laundering laws and regulations, but in the criminal law and judicial practice, there are still some loopholes. According to Huang Feng, China's money-laundering crimes are usually limited to only "assist" the predicate offense or metastatic behavior of human conceal the proceeds of crime, but by their own corruption by the transfer of property to a foreign convicted of money laundering is not alone, just as corruption and bribery plot sin be considered in sentencing.

  In addition, China's criminal law, "the confiscation of all personal property" requirement, which includes not only the illegal proceeds, including legitimate income. This old property punishment ideas, and foreign and international law are contradictory, and are therefore made of the assets recovered judicial requirements, often without the recognition and enforcement of foreign countries. "In addition, countries are welcome to capital inflows, sometimes due to their own economic interests and not so reluctant to meet the flow of funds raised abroad recovered and returned to the request. Moreover investigation, control, forfeiture, restitution of property needs some investment, so some countries a negative attitude, Do not want to restore the country's economic resources to pay damage costs. "Huang Feng said.

  In this regard, the experts suggested that China should further strengthen the anti-money laundering legislation and regulatory regimes, not only to change the practice of judicial practice "self-laundering Nothing crimes", but also the real estate agents, law firms, accounting firms, auction houses and other non-financial institutions into the ranks of anti-money laundering obligations. Due to a large number of direct victims of property crime is corrupt enterprises, so the state should encourage and support domestic enterprises by foreign civil action to recover the assets, the relevant departments should protect enterprises and institutions in civil independence and autonomy basis, given appropriate help and guidance.

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