ABSTRACT
A framework that allows effective and timely freezing, seizure and confiscation is essential for combating financial crimes. This chapter introduces China's framework in this aspect and shows the challenges for law enforcement when they freeze, seize or confiscate illegal earnings of financial crimes. The legal purpose and object of search, freezing or seizure should be evidence related to the guilt or innocence of suspects or defendants. No judicial order or approval procedures exist, which means police officers or other investigators can decide to carry out a search or seizure on their own. The Criminal Procedure Law treats illegal earnings along with the criminal responsibility and criminal cases. According to article 64 of Criminal Law, law enforcement should freeze, seize or confiscate three categories of property of defendants: property illegally obtained by crime, contraband and criminal's own property used for committing crime.
