Guiding Case No. 129 of the Supreme People's Procuratorate: People v. Huang Yanlan (case of confiscation of illegal income derived from embezzlement)
(SPP Case No. 129)
confiscation of illegal income, objection by an interested party, good faith third party
In applying the procedure for confiscation of illegal income, the procuratorial authorities shall bear the burden of proving that there are facts of crime and that the property involved in the application for confiscation is illegal income and other property involved in the case. If an interested party and its agent ad litem participate in litigation and claim their rights, but is unable to provide lawful evidence, or their claims are obviously inconsistent with the facts, their claims shall be refuted in accordance with the law. If a good faith third party has legal rights to any property involved in the application for confiscation, such rights shall be protected in accordance with the law.