The criteria for identifying stolen money are as follows:

(1) It has dual attributes of evidential value and economic value;

(2) The stolen money and goods must be the property obtained by the perpetrator by illegal and criminal means, which is different from the tools of committing crimes, nor is it the personal legal property of the perpetrator, nor is it contraband.

1. Disposal of stolen money and its interest after the judgment takes effect

Due to the different subjects of sealing up, distraining and freezing, the people's court has different procedures for handling the property on file after the judgment.

1. When accepting a case, the people's court shall examine whether the original certificate issued by the financial institution is attached to the money and stolen goods such as deposits, remittances, bonds, stocks and fund shares frozen by the investigation organ.

after the people's court makes an effective judgment, it will notify the financial institution to turn it over to the state treasury, and then serve the judgment on the relevant financial organs. A financial institution shall send an execution receipt to the people's court within 15 days after receiving the notice of execution.

2. If the seized, seized or frozen money and stolen goods are not transferred according to law, after the judgment made by the people's court takes effect, the people's court that originally tried the case will notify the seizure, seizure and freezing organ to turn it over to the state treasury, and at the same time, the notice and judgment will be served on the relevant financial organs. The organ that seals up, distrains or freezes shall send an execution receipt to the people's court within 15 days after receiving the notice of execution.

3. After the judgment made by the people's court becomes effective, the people's court that originally tried the case shall handle it according to the effective legal documents. Unless returned to the victim according to law, it shall be confiscated and turned over to the state treasury. Except as otherwise provided by law.

2. No matter which organ handles it, there are only three situations in which the stolen money and goods belong:

1. The stolen money and goods are transferred to the court with the case and will be dealt with by its judgment.

2. The money and stolen goods of the concluded cases are turned over to the state treasury through the financial department. It is precisely this part of the property that causes disputes among the public, procuratorial and legal organs about the transfer.

3. Return the injured legal person or natural person according to law.

third, illicit money and stolen goods refer to all the property obtained by criminals. The stolen money has two main characteristics:

1. It has dual attributes of evidence value and economic value. Illegal money and stolen goods have objective and internal relations with the occurrence and development of the real situation of the case, so they have evidential value to the case;

at the same time, stolen money and goods also have the characteristics of things in civil law, that is, material entities and natural forces with economic value that people can control, and things in civil law can basically become stolen goods, and their characteristics have not changed because of litigation.

2. The illicit money and stolen goods must be the property obtained by the perpetrator by illegal and criminal means, which is different from the tools of committing crimes, nor the personal legal property of the perpetrator, nor the contraband.

Legal basis:

Article 64 of the Criminal Law of the People's Republic of China

All property illegally obtained by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal belongings used for committing crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.