First, the concept of the crime of illegally transferring or sealing up property.
The crime of illegally transferring or sealing up property refers to the act of transferring, concealing, destroying or selling the property that the actor knows is sealed up, seized or frozen by the judicial organs. This kind of behavior seriously interferes with the normal judicial process and infringes on the judicial organs' right to control the property involved, which should be severely cracked down.
Second, the constitutive elements of the crime of illegally transferring or sealing up property.
1. Object elements: The object violated by this crime is the normal activities of the judicial organs. The judicial organs seal up, detain and freeze property in order to ensure the smooth progress of litigation activities and safeguard the legitimate rights and interests of the parties. Illegal transfer and seizure of property destroyed this order and affected judicial justice.
2. Objective elements: This crime is objectively manifested as the act of transferring, concealing, destroying or selling property that has been sealed up, detained or frozen by judicial organs without authorization in violation of legal provisions. These acts must be serious enough to constitute a crime.
3. Subject elements: the subject of this crime is the general subject, that is, any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can constitute this crime. The unit can also be the subject of this crime.
4. Subjective elements: This crime is subjectively intentional, that is, it is transferred, concealed, destroyed or sold knowing that it is the property sealed up, seized or frozen by the judicial organs. Negligence does not constitute this crime.
Three, illegal transfer, seizure of property crime identification procedures
When determining the crime of illegally transferring or sealing up property, the following procedures should be followed: First, it is necessary to find out whether the actor knows that the property involved has been sealed up, detained and frozen by the judicial organs; Secondly, it is necessary to find out whether the actor has carried out the act of transferring, concealing, destroying or selling; Finally, it is necessary to judge whether the actor's behavior is serious and whether it constitutes a crime.
To sum up:
The determination of the crime of illegally transferring or sealing up property needs to meet certain constitutive requirements and legal procedures. In judicial practice, we should strictly grasp the standard of this crime and ensure the fair implementation of the law. Those who constitute the crime of illegally transferring or sealing up property shall be investigated for criminal responsibility according to law, and the judicial order and the legitimate rights and interests of the parties concerned shall be safeguarded.
Legal basis:
Criminal law of the people's Republic of China
Article 314 stipulates that whoever conceals, transfers, sells off or intentionally damages property that has been sealed up, detained or frozen by judicial organs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.