论文部分内容阅读
追缴赃物,是指司法机关通过法律手段追索缴回犯罪分子违法所得的财物。在追缴赃物的司法实践中,发现犯罪分子已将赃物转让,且几易其手的情况是屡见不鲜的。犯罪分子非法获得钱财,并未获得所有权。原财物所有人的所有权关系未发生改变,无论犯罪分子采用何种方式处分,都归于无效。都应予以追缴。 但是,有些问题无论在理论上还是在实践中都有较大难度。例如,某甲在市场上购得一架照相机,结果
Recovery of stolen goods refers to the judicial organs through legal means to recover the illegal proceeds of criminals and other property. In the judicial practice of recovering the stolen goods, it has been not uncommon to find that the criminals have already transferred the stolen goods and that they are easy to handle. Criminals illegally obtained money, did not get ownership. Ownership of the original property owners did not change the relationship, no matter how the way criminals punish, are null and void. Should be recovered. However, some problems are more difficult both in theory and in practice. For example, one bought a camera in the market, the result