关于公安机关“追缴赃款赃物及退赃“措施的法律分析

赃款赃物的性质只能够由国家授权的特定司法机关或者行政执法机关通过法定程序作出的生效裁决来确定,这是认定赃款赃物在程序上的决定性要件。公安机关在侦查阶段不能够称其扣押或者调取的物品为赃款赃物,追缴赃款赃物更是荒谬,因为其本身没有法律依据。针对“赃款赃物”及其追缴措施,应当通过完善刑事诉讼法、制订有关司法解释来解决和完善。

A Lawful Analysis of Measures of Recovering and Returning Illegally Aquired Money and Boodle

The nature of illegally acquired money and boodle only depends on formal adjudication which nation - authorized specific judicial organization or administrative executive organization makes through statutory procedure. This is the essential feature of ensuring the natuer of illegally acquired money and boodle on procedure. Public security organs can't name the articles by seizure as illegally acquired money and boodle during of the stage of investigation,or mention recovering them,because there is no legal foundation. How to define the so- called "illegally acquired money and boodle" and their recovering measuers? We should perfect criminal procedure law and enact related judicial interpellation to settle this problem.