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2012年刑事诉讼法修改在特别程序中增加了违法所得的没收程序,这一程序的设置,解决了司法实践中犯罪嫌疑人、被告人因逃匿、死亡而无法对其追究刑事责任的诉讼法难题,也体现了我国践行国际公约的承诺,具有重大现实意义。域内外也有没收制度的立法例,我国的违法所得没收程序与其他国家或地区相比,有其独特性,文章将对此进行评析。
In 2012, the amendment of criminal procedural law added the procedure of forfeiture of illegal income in the special procedure. The procedure of this procedure solved the procedural lawsuits that criminal suspects and defendants can not be held criminally liable for their escape from death or death in judicial practice It also shows our country’s commitment to implementing the international covenants, which is of great realistic significance. There are also legislative cases in and outside the country where the system of forfeiture is confiscated. The procedure of forfeiture of illegal income in our country is unique compared with other countries and regions. The article will comment on this.