Article 139 of the Criminal Procedure Law

During the search, the person being searched or his family members, neighbors or other witnesses shall be present.

Searching women’s bodies should be conducted by female staff. Extended information

Criminal Procedure Law

Section 5 Search

Article 136 In order to collect criminal evidence and seize criminals, investigators The bodies, belongings, residences and other relevant places of criminal suspects and persons who may be hiding criminals or criminal evidence may be searched.

Article 137 Any unit or individual is obliged to hand over physical evidence, documentary evidence, audio-visual materials and other evidence that can prove the guilt or innocence of a criminal suspect in accordance with the requirements of the People's Procuratorate and the public security organ. .

Article 138: When conducting a search, a search warrant must be presented to the person being searched.

When arresting or detaining people, in case of emergency, a search can be carried out without using a separate search warrant.

Article 139: During a search, the person being searched or his family members, neighbors or other witnesses shall be present.

Searching women’s bodies should be conducted by female staff.

Article 140: The search shall be recorded in a written record, signed or sealed by the investigators and the person being searched or his family members, neighbors or other witnesses. If the person being searched or his family members are at large or refuse to sign or seal, this should be noted in the transcript.

Section 6: Seizing and detaining physical evidence and documentary evidence

Article 141: Various property discovered during investigation activities that can be used to prove the guilt or innocence of a criminal suspect , documents shall be sealed up and detained; property and documents unrelated to the case shall not be sealed up or detained.

Seized and seized property and documents must be properly kept or sealed and must not be used, exchanged or destroyed.

Article 142: The property and documents that have been seized or seized should be clearly checked together with the witnesses present and the holders of the property and documents that were seized or seized, and a list should be made in duplicate on the spot. It shall be signed or stamped by the investigators, witnesses and the holder. One copy shall be given to the holder and the other shall be attached to the file for reference.

Article 143: When investigators believe that it is necessary to seize a criminal suspect’s mail or telegrams, they may, with the approval of the public security organ or the People’s Procuratorate, notify the postal and telecommunications authorities to seize the relevant mail or telegrams. Handed over to seizure.

When it is no longer necessary to continue to detain, the postal and telecommunications authorities should be notified immediately.

Article 144: The People’s Procuratorate and public security organs may, based on the needs of investigating crimes, inquire and freeze criminal suspects’ deposits, remittances, bonds, stocks, fund shares and other properties in accordance with regulations. Relevant units and individuals should cooperate.

If the criminal suspect’s deposits, remittances, bonds, stocks, fund shares and other properties have been frozen, they shall not be frozen again.

Article 145: If the property, documents, mails, telegrams or frozen deposits, remittances, bonds, stocks, fund shares and other properties that have been seized or detained are found to be irrelevant to the case, , the seal, seizure, and freezing shall be lifted within three days and returned.

Reference materials: Central People's Government of the People's Republic of China - Criminal Procedure Law of the People's Republic of China