1, extradition;
2. Repatriation;
3. prosecution in different places;
4. Persuade to return;
5. Red wanted order.
Extradition is the most important way of judicial cooperation in overseas pursuit.
Extradition treaties can provide channel guarantee for overseas pursuit.
In the absence of extradition treaties, multilateral conventions can be invoked to carry out extradition cooperation.
International extradition cooperation faces many restrictions, such as the principle of political crime exception and the principle of non-extradition of death penalty. It is impossible for any country to sign extradition treaties with all countries in the world.
Persuade to return home
Extradition, repatriation, prosecution in different places and other forms have long processing time, complicated procedures and many restrictions; In contrast, persuasion is more efficient.
Due to the political and judicial obstacles in the extradition of economic suspects, some alternative measures have emerged, mainly repatriation and prosecution in different places.
Repatriation is usually to repatriate economic suspects as illegal immigrants on the grounds of violating immigration laws and regulations.
Prosecution in different places is another alternative to extradition. The competent authorities in China provide the judicial organs of the countries where the fugitives are hiding with evidence of crimes against foreign laws, and the foreign judicial organs will arrest and prosecute them according to their own laws. In the process of pursuing the extraordinarily serious corruption case in Kaiping Sub-branch of Bank of China, procuratorial work in different places played an important role.
Persuading to return is an alternative means of extradition with China characteristics, which is to persuade fugitives to voluntarily return to China and surrender themselves.
Issue a red wanted order
Interpol official website shows that as of 20/KOOC-0/4/KOOC-0/0/KOOC-0/0/KOOC-0/,Interpol has issued 60 red wanted notices/KOOC-0/for China criminal suspects. These notified personnel include criminal suspects such as underworld organizations, as well as criminal suspects in cases such as fraud and corruption. Among them is Cheng Muyang, son of Cheng, former secretary of Hebei Provincial Party Committee.
international cooperation
the Philippines
Philippine President Aquino III1October 265438+2004+2 1 said at the annual meeting of the Manila Foreign Journalists Association that the Philippine government is willing to provide assistance as long as the China corrupt officials and their assets are found in the Philippines, and the China government requests the Philippines to cooperate. In the pursuit of corrupt officials, the United States, Canada and other countries have expressed their willingness to provide some assistance. Australian police agreed to cooperate with China police. But as the head of government who publicly expressed his support for China's overseas anti-corruption, Aquino was the first.
Australia
At the end of 20 14, 10, an international joint police operation was launched to target corrupt officials in China who fled to Australia. It is estimated that these corrupt officials carry as much money as 1 100 million Australian dollars. This is a part of "Fox Hunting Action" that China started in July 20 14. The campaign targets former communist party officials who have emigrated overseas and remain anonymous. They were accused of misappropriating a large amount of public funds. Caijing magazine previously reported that these seven people included Gao Yan, former governor of Jilin Province, secretary of Yunnan Provincial Party Committee, former CEO of State Grid Corporation, former deputy mayor of Xiamen, and Tong, former director of Hunan Provincial Expressway Administration.
Canada
2014165438+19 October, China and Canada announced the list of joint achievements between China and Canada. It is clear in the list that the two sides agreed to continue cooperation in combating transnational crime and anti-corruption in accordance with their respective national laws. Assist countries to share confiscated assets.
For the final disposal of confiscated assets, sharing is an international practice. The United States, the European Union, Japan and Singapore have signed similar agreements with other countries. Mourning cooperation will test China's ability of obtaining evidence.
Mourning cooperation will test China's ability of obtaining evidence. If the stolen money is transferred abroad through money laundering, we must first confirm that the stolen money is the proceeds of crime, which is a commercial crime in China. These materials need to be provided by China.
If the materials are not provided, the economic suspect who fled has already purchased the property in Australia and registered the property in accordance with Australian law. The Australian side will consider these assets as legitimate income and cannot confiscate them at will. Only when the Chinese side provides evidence to prove that the funds for the purchase of real estate by the economic suspects who fled came from illegal and criminal acts can the Australian side take legal measures.