Laws of the People's Republic of China

Circular of the Supreme People's Court on Strictly Implementing the Related Provisions for the Disposal of Properties Involved in Smuggling Cases

Fa [2006] No 114 April 30, 2006

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the PLA military courts, and Xinjiang Production and Construction Corps Branch of the Higher People's Court,

The General Administration of Customs reported that some local courts failed to judge or only partially judged the illicit money and properties related to the criminal cases of smuggling. As for the properties that the people's court failed to make a judgment of recovery or confiscation were confiscated or recovered by the customs offices by way of administrative punishment, which then results in bad consequences such as administrative lawsuits. In order to earnestly regulate the law enforcement, we hereby restate the related provisions as follows.

As for the disposal of illicit money and properties involved in criminal cases, there are definite laws and judicial interpretations. In Article 92 of the Customs Law, it is provided that "Before the people's court makes a judgment or the customs office makes a decision on the punishment, the goods, articles and means of transportation detained by any customs office under law may not be disposed of" and that "Smuggled goods, articles, illegal incomes, smuggling vehicles, or specially-made equipments, which are confiscated by the people's court or the customs office, shall be disposed of uniformly by the customs office under law, and the money from the disposal and the fines over shall be turned in to the central treasury." In Article 23 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the General Administration of Customs on Some Issues concerning the Laws Applicable to the Disposal of Criminal Cases of Smuggling, it is provided that "The people's court shall, when adjudicating the criminal cases of smuggling, examine and confirm the money and properties as stated in the lists and certification documents, and make a ruling of recovery and confiscation according to law; the customs shall dispose of the articles in light of the judgment of the people's court and the related provisions in the Customs Law, and turn them in to the central treasury."

Therefore, it shall strictly follow and implement the aforesaid provisions of laws and judicial interpretations and make judgments of recovery or confiscation of the illicit money and properties involved in this case when any of the local people's courts hears a criminal case of smuggling. For any new situation or new problem occurring during the process of trial of the criminal case of smuggling, it shall intensify the contact and collaboration with the customs office and other related departments. In case of any new problem related to the application of laws, it shall report it to the Supreme People's Court in a timely manner.