刑事追赃

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男子卖黄金卷入电诈案,这样的交易该被“追赃”吗
Xin Lang Cai Jing· 2025-08-06 06:04
Core Viewpoint - The case highlights the complexities of balancing criminal asset recovery and the protection of innocent third-party interests in financial transactions, particularly in the context of telecom fraud [5]. Group 1: Incident Overview - A Shanghai citizen, Mr. Chen, sold gold jewelry on a second-hand platform and was later involved in a fraudulent transaction, resulting in his bank account being frozen and 80,000 yuan being seized by the police [1]. - The police claimed that Mr. Chen's account was used for money laundering by criminals, and the funds were frozen in accordance with legal procedures [1][4]. Group 2: Legal Framework - Chinese law stipulates that all property obtained through criminal activities should be confiscated, while legitimate property of victims should be returned promptly [3]. - The regulations from the China Banking Regulatory Commission and the Ministry of Public Security emphasize that funds with clear ownership should be returned to the rightful owners [3]. Group 3: Dispute Over Fund Ownership - The key issue is whether the seized funds can be considered as having "clear and undisputed ownership," as Mr. Chen's financial loss remains unresolved [4]. - Mr. Chen's sale of gold items was a legitimate transaction, and he is deemed an innocent party, thus the funds should not be classified as illegal gains [4]. Group 4: Judicial Practice and Recommendations - Balancing the recovery of criminal proceeds and the protection of innocent third parties is a significant challenge in judicial practice [5]. - Legal interpretations indicate that funds obtained by innocent third parties in good faith should not be subject to recovery [5]. - It is suggested that the funds could be returned to Mr. Chen through direct transfer or through legal proceedings, ensuring his rights are protected [5].