Expert suggests due process to confiscate Xu's illegal gains

A Chinese expert suggested to follow a special criminal procedure to confiscate the illegal gains of Xu Caihou, former vice chairman of the Central Military Commission who died of cancer on Sunday.

An article published on Thursday's newspaper Beijing News under the byline of Liu Guiming, editor-in-chief of the Chinese journal Democracy and Legal System, said that such procedure is provided in the country's Criminal Procedure Law which has been revised in 2012.

Xu was put under investigation for violations in the country's anti-graft drive. After Xu's death, prosecutors decided not to sue him any more, but would deal with his illegal gains.

According to the procedural law, there will be no further indictment or guilty conviction to a dead suspect or defendant.

However, the previous version of the law, which only mandated confiscation after guilty conviction, has made it difficult to take illegal gains from such people or those who committed suicide in attempt to keep the properties for their families, Liu explained.

According to revised law, in cases of corruption or terrorism where suspects have been at large for long or have died, prosecutors may still file applications to court to confiscate properties which had been illegally obtained.

The court may hear the case and make a decision about the confiscation, without judgment of the suspect.

This revision is just applicable in Xu's case, Liu said, adding that procedures in this case will be carried out by the military procuratorate and military court.

In this regard, Liu said, the confiscation will also be an opportunity to promote public awareness of the law.

On Wednesday, a blue paper published by the Institute of Law of Chinese Academy of Social Sciences on the rule of law in China has called on Chinese authorities to better keep the public timely updated about latest developments in anti-corruption investigations as well as the disposal of money and properties confiscated.