On October 30, 2014, the Supreme People's Court promulgated the Provisions of the Supreme People's Court on Enforcing the Property Portion of A Criminal Judgment (hereinafter, the "Provisions"), which came into effect on November 6, 2014.
The Provisions first make it clear that the enforcement of the property portion of a criminal judgment refers to the enforcement of the following matters confirmed in the main text of a criminal judgment which has become legally effective: (1) a fine or forfeiture of property; (2) ordered return; (3) disposal of proceeds of crime; (4) forfeiture of property used for the commission of a crime; and (5) other relevant matters that should be enforced by a people's court. The enforcement of a civil judgment attached to a criminal matter is governed by relevant requirements for civil enforcement.
In addition, the Provisions specifically stipulate that the property portion of a criminal judgment shall be enforced by a first instance people's court. A first instance people's court may entrust the enforcement to a people's court on the same level in the area where the property is located. The period in which a people's court accepts a case involving the enforcement of the property portion of a criminal judgment is six months. Under special circumstances, such period may be extended, subject to the approval of the court's president. In addition, a people's court may approach relevant agencies such as a criminal enforcement agency or community correction agency to investigate the property status of a party subject to enforcement and may request relevant agencies to take measures such as seizure, attachment, freezing or transfer.
Furthermore, the Provisions point out that in case of criminal punishment involving the forfeiture of property, the minimum standard of living for local residents in the previous year as announced by the local government in the area where the dependents reside shall be referenced and the necessary living expenses needed by the persons subject to the enforcement and their dependents should be retained.
Additionally, the Provisions also require that if persons subject to enforcement assume both criminal and civil liabilities with insufficient property to pay penalties, enforcement shall be conducted by reimbursing the medical expenses of the victims first as part of personal injury damages, followed by the order of other civil obligations, fines, and forfeiture of property. If a creditor who enjoys priority in receiving compensation pursuant to law with regard to the matter subject to enforcement requests to be compensated first, such request should be supported by a people's court after relevant medical expenses are compensated.