Regulations on the People’s Procuratorate’s work on seizing and freezing the money and property involved in the case

The Supreme People’s Procuratorate

The People’s Procuratorate’s work rules on the seizure and freezing of the money and property involved in the case

Notice on the issuance of the "Regulations on the People's Procuratorate's Work on Seizing and Freezing Money and Property Involved in Cases"

The People's Procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Procuratorate, and the People's Procuratorate of the Xinjiang Production and Construction Corps:

《 The People's Procuratorate's Regulations on Seizing and Freezing Case-Involved Money and Property were adopted at the 33rd meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on April 7, 2010, and are hereby issued to you. Please implement them conscientiously.

Supreme People's Procuratorate

May 9, 2010

Chapter 1 General Provisions

Article 1 is to regulate the people These regulations are formulated in accordance with the Criminal Law, the Criminal Procedure Law and other relevant regulations in order to improve the level of law enforcement and the quality of case handling, and to protect the legitimate rights and interests of citizens, legal persons and other organizations.

Article 2 The “seized and frozen money and property involved in the case” as mentioned in these regulations refers to the illegal income, crime-related money and property, crime tools and crime-related tools that are seized and frozen by the People’s Procuratorate in the process of exercising its procuratorial powers in accordance with the law. Illegally held contraband, etc.

The property and the interest obtained by criminal suspects and defendants from committing illegal and criminal acts are illegal gains.

Article 3 All property obtained illegally shall be recovered or ordered to be returned as compensation. The victim's legitimate property must be returned promptly in accordance with the law. Contraband and property used for committing crimes shall be seized, frozen, and dealt with in accordance with the law.

Article 4 The People’s Procuratorate must seize, freeze, keep, and handle the money and property involved in the case strictly in accordance with the law. It is strictly prohibited to seize or freeze money and property through false filing of cases or other illegal means. If the unit involved in the case has privately established off-book funds but has nothing to do with the case, it shall not be seized or frozen, and the relevant competent authority or its superior unit may be notified for handling. It is strictly prohibited to seize or freeze legal property unrelated to the case.

Article 5 It is strictly prohibited to seize or freeze money and property before filing a case. If money and property suspected of committing a crime are discovered before the case is filed, and if the conditions for filing the case are met, the case should be filed promptly, and measures should be taken to seize and freeze the case to preserve evidence and prevent the transfer of the money and property involved in the case.

If an individual or unit surrenders to the People's Procuratorate before the case is filed, the People's Procuratorate may receive the money and property involved in the case first, issue a receipt to the person who surrenders, and decide whether to seize or freeze the money and property based on the case filing and investigation.

After the People’s Procuratorate seizes or freezes the money and property involved in the case, it shall promptly investigate the case and shall not withdraw the case or stop the investigation of the case without legal reasons.

Article 6: When the People’s Procuratorate seizes or freezes the money and property involved in a criminal suspect or defendant’s case, it shall retain necessary living expenses and items for the criminal suspect, defendant and their dependent family members.

The seizure or freezing of the money and property involved in the case shall not affect the normal office, production, business and other activities of the unit as much as possible.

Article 7 The People’s Procuratorate shall implement the principle of separating the seizure and freezing of money and property from the custody of money and property, and the accounting facts must be consistent.

Article 8 The People’s Procuratorate shall seize, freeze, keep, and handle the money and property involved in the case, implement the principle of division of responsibilities and mutual restraint between the case-handling department and the custody department, and accept investigation supervision, public prosecution, accusations and appeals, disciplinary inspection and supervision, etc. Department supervision.

Article 9: When the People’s Procuratorate seizes, freezes, keeps, or handles the money and property involved in a case, it shall notify the parties or their close relatives in writing that they have the right to lodge a complaint in accordance with relevant regulations.

If the parties, other direct interested parties, or their close relatives believe that the People's Procuratorate's seizure, freezing, safekeeping, or disposal of the money and property involved in the case infringes upon their legitimate rights and interests or is illegal, they may complain to the People's Procuratorate, or they may Complain directly to the People's Procuratorate at the next higher level. The People's Procuratorate that receives a complaint shall promptly review and handle and respond in accordance with relevant regulations.

After the conclusion of the criminal proceedings, if the parties believe that the People’s Procuratorate has illegally seized or frozen the money and property involved in the case and apply for criminal compensation, the unfinished complaint procedure shall be terminated, and the department responsible for handling complaints shall hand over the relevant materials to the criminal prosecution. Compensation Work Department.

Article 10 The People’s Procuratorate shall accept the supervision of people’s supervisors in accordance with relevant regulations when seizing, freezing, keeping, and disposing of money and property involved in a case.

Article 11 The People’s Procuratorate shall use the legal documents uniformly formulated by the Supreme People’s Procuratorate to seize, freeze, and handle the money and property involved in the case. The filling in must be standardized and complete, and the document stub must be complete.

It is prohibited to use "confiscation decision letter", "fine decision letter" and other non-compliant documents to seize, freeze, and handle the money and property involved in the case.

Article 12 When seizing, freezing, keeping, or handling money and property involving state secrets, commercial secrets, or personal privacy, relevant confidentiality regulations must be strictly observed. Chapter 2 Procedures for Seizing and Freezing Money and Materials Involved in Cases

Article 13 Seizure and freezing of money and property involved in cases shall be reported to the Chief Prosecutor for approval and shall be implemented by two or more prosecutors.

Article 14 Various items found during on-site investigation, search, detention, and arrest that can be used to prove the guilt or innocence of a criminal suspect, and illegally held contraband may be illegal gains. The money should be withheld; if it is not related to the case, it should not be withheld. Suspicious money or property that cannot be immediately identified as being related to the case may be seized first and reviewed and handled in accordance with Article 21 of these regulations.

If it is necessary to seize the items carried by the criminal suspect when he arrives at the case, they shall be handled in accordance with the provisions of the preceding paragraph. For personal belongings that are not related to the case, register them one by one and hand them over with the person or return them to their family members.

Article 15 If the money and property involved in the case that need to be seized or frozen are not within its jurisdiction, the People’s Procuratorate handling the case shall, in accordance with relevant laws and these regulations, hold relevant legal documents, brief case information and other materials, and consult with the people’s procuratorate. The People's Procuratorate at the location where the money or property is seized or frozen shall assist in the execution, and the requested People's Procuratorate shall assist in the execution.

If the People's Procuratorate requested for assistance has objections, it may submit them to the People's Procuratorate handling the case. If the two parties cannot reach an agreement, they shall report to the People's Procuratorate at the higher level for negotiation; if necessary, they shall report to the People's Procuratorate at the highest level for a decision.

Article 16: With regard to the seized money and property, the prosecutors shall make a clear inspection together with the witnesses present and the holders of the seized money and property, seize it after taking photos or videos, and make a list of seizures on the spot. Four copies, indicating the name, model, specification, quantity, quality, color, condition, packaging and other main characteristics of the seized items, and signed or stamped by the prosecutor, witness and holder. If the holder refuses to sign or seal or is not present, it shall be noted on the list.

To seize or freeze stocks, bonds, funds, warrants, futures, warehouse receipts, gold, etc. whose market prices fluctuate greatly, the parties or their close relatives shall be notified in writing that they have the right to comply with Article 32 of these Regulations Apply for sale in accordance with the provisions of paragraph 2.

Article 17 For real estate, production equipment or other property that should be seized but is inconvenient or unnecessary to be extracted, the certificate of title shall be seized, photographed or videotaped and sealed in place, or handed over to the holder or Keep it in the custody of their close relatives and make a list of seizures (sealed in situ) in quadruplicate, indicating the detailed addresses and relevant characteristics of the relevant items, and also indicating that photos or videos have been taken and that their certificates of rights have been seized, which will be reviewed by prosecutors and witnesses. and signed or stamped by the holder. When unsealing, witnesses and holders must be present and sign or seal. If the holder refuses to sign or seal or is not present, it shall be noted on the list.

If the seized property is handed over to the holder or his close relatives for safekeeping, the prosecutor shall inform the custodian in writing that the seized property must be properly kept and shall not be transferred, sold, damaged, rented, mortgaged or given away. Wait.

Article 18 If the case handling department seizes or freezes the following money and property, it shall handle it accordingly:

(1) Seizure of foreign currency, gold and silver jewelry, cultural relics, calligraphy and painting, and other items that are difficult to identify Authentic and counterfeit valuables must be listed, their characteristics must be noted, and the items must be photographed or videotaped and then sealed on the spot. The prosecutors, witnesses, and holders of the seized items shall sign or stamp the sealed materials. According to the needs of case handling, a qualified department shall be entrusted to issue an appraisal report in a timely manner. When unsealing, a witness or holder shall be present and sign or seal;

(2) For passbooks, deposit certificates, credit cards, stocks, bonds, funds, warrants, futures, other securities and other securities with Cash or physical objects with certain characteristics that can prove the case shall be marked with characteristics, serial number, type, face value, number of pieces, amount, etc., and shall be sealed as physical objects after being photographed or videotaped, and shall be reviewed by prosecutors, witnesses and holders of the seized items. Sign or stamp the sealed materials, and freeze the corresponding accounts. When unsealing, a witness or holder should be present and sign or seal;

(3) For magnetic and electronic storage media such as audio tapes, video tapes, disks, optical disks, USB flash drives, and mobile hard disks, attention should be paid to Clearly state the cause of the case, content, specifications, categories, application length, file format, production or extraction time, producer or extractor, etc.;

(4) For information that is easily damaged, lost, deteriorated, or otherwise unsuitable for long-term storage Articles shall be preserved and sealed by taking notes, drawings, photographs, videos, etc.;

(5) In accordance with Article 17 of these regulations, they shall be sealed in situ or handed over to the holder or his close relatives for safekeeping. For property, a copy of the seizure decision should be sent to the local registration and management department of real estate or production equipment and other property, and inform them that sales, transfers, mortgages, etc. are prohibited before the seizure is lifted;

(6) Confidential electronic equipment, documents and other items of the unit shall be sealed on the spot after taking photos or videos, and prosecutors, witnesses, and relevant persons in charge of the unit shall sign or stamp the sealed materials. Witnesses and relevant person-in-charge of the unit should be present and sign or seal when unsealing.

If the relevant person refuses to sign or seal in accordance with the relevant provisions of the preceding paragraph, the People's Procuratorate shall indicate this on the relevant documents.

Article 19: Indivisible property purchased by a criminal suspect with illegal income and legal income may be seized and frozen in advance, and shall be reviewed and handled in accordance with Article 21 of these regulations. Property that cannot be returned separately shall be auctioned or sold off after the case is settled, and the portion that does not constitute illegal gains shall be returned.

Article 20: After a criminal suspect is detained or arrested, if his relatives or friends are entrusted by the criminal suspect or take the initiative to hand over or return the money and property involved in the case to the procuratorial organ on his behalf, refer to Article 16 and Article 17 When handling the matter, the prosecutors, persons who hand over the money and property on their behalf, and witnesses shall sign or stamp the seizure list.

The person who surrenders money and property on his behalf shall indicate on the list that he was entrusted by the criminal suspect or took the initiative to hand over or refund the compensation on behalf of the criminal suspect.

Article 21: The case handling department shall promptly review the seized or frozen money and property. If it is found that it is indeed irrelevant to the case, a decision to terminate or return the property shall be made within three days, and the relevant parties or their close relatives shall be notified to handle relevant procedures.

Article 22: If the investigation supervision and public prosecution departments of the People's Procuratorate discover that the investigation department has illegally seized, frozen, or disposed of the money and property involved in the case, they may put forward corrective opinions in accordance with the law.

Chapter 3: Custody of the seized and frozen money and property involved in the case

Article 23 The People’s Procuratorate shall truthfully register and properly register the seized and frozen money and property involved in the case and the interest thereon. custody.

Article 24 The department responsible for financial equipment of the People’s Procuratorate is the management department for seized money and property, and is responsible for the unified management of seized money and property. Except as otherwise provided by laws and relevant regulations.

Article 25: After the case handling department seizes money and property, it shall hand it over to the management department within three days, along with a copy of the seizure list. If the case cannot be handed over on time due to special reasons, with the approval of the chief prosecutor, it can be temporarily kept by the case handling department and handed over in a timely manner after the reasons are eliminated.

Article 26: The following seized money and property may not be handed over to the management department of this court, but will be handled promptly in accordance with relevant regulations after being photographed or videotaped by the case handling department:

(1) Inconvenient extraction Or real estate, production equipment or other property that does not need to be extracted can be handed over to the holder or his close relatives for safekeeping in accordance with Article 17 of these regulations;

(2) For precious cultural relics, precious animals and their Products, rare plants and their products shall be transferred to the competent authorities in accordance with relevant national regulations;

(3) Contrabands such as drugs and obscene materials shall be transferred to the relevant competent authorities in a timely manner, or shall be strictly sealed according to the needs of handling the case and shall not be used or spread;

(4) For explosive, flammable, radioactive, toxic, corrosive and other dangerous goods, promptly transfer them to the relevant departments or entrust the relevant competent authorities to keep them properly according to the needs of handling the case;

(5) For items that are easily damaged, lost, deteriorated, and other items that are not suitable for long-term storage, the relevant departments may be entrusted to auction and sell off in a timely manner with the approval of the Chief Prosecutor;

(6) Confidential information related to the unit Electronic equipment, documents and other items can be sealed and handed over to the unit where the items were seized for safekeeping.

Article 27 When the case-handling department transfers the seized money and property to the management department, it shall list the name, specifications, characteristics, quality, quantity or cash amount of the items, etc., and issue a copy of Article 18 of these Regulations the required procedures. The management department shall conduct an on-site inspection and require the case-handling department to immediately make corrections if the regulations are not met; if the regulations are met, the transfer list shall be signed and a receipt shall be issued to the case-handling department.

Article 28 A detailed account shall be set up for the seized money on a case-by-case basis, and deposited into a special account of a designated bank in a timely manner, and the collection and payment procedures shall be strict.

Article 29: Accounts and cards must be established for seized physical objects, one account for each case, and one card for each object.

For small items, the case handling department can separate bags, pieces, and boxes into cards according to the type of items.

Article 30 A special storage place that meets fire prevention, theft prevention, moisture-proof, dust-proof and other safety requirements for seized items shall be established and equipped with necessary measurement and storage equipment. Strictly seal the registration and entry and exit procedures. Managers should regularly inspect the seized money and property to prevent misappropriation, loss, damage, etc.

Article 31: When it is necessary to temporarily transfer seized funds and property in order to verify evidence, it must be approved by the chief prosecutor. When the sealed money and property are unsealed, the case handling department and the management department should send personnel to be present at the same time, and witnesses or holders should be present for face-to-face inspection. When returned, it should be sealed again and the management personnel should check and accept it. The management department should register the transfer and return.

Chapter 4 Handling of Seized and Freezed Money and Property Involved in Cases

Article 32 The money and property seized or frozen shall not be returned to the victim in accordance with the law or are found to be irrelevant to the case Other than that, it shall not be dealt with before the conclusion of the proceedings. Except as otherwise provided by laws and relevant regulations.

If the right holder applies to sell seized or frozen stocks, bonds, funds, warrants, futures, warehouse receipts, gold, etc., which will not harm the interests of the country, the interests of the victims, or affect the normal proceedings, the General Prosecutor shall With approval or decision of the Procuratorate Committee, the property can be sold in accordance with the law before the case is concluded, and the proceeds will be kept by the management department.

If drafts, cashier's checks, or checks are seized or frozen, they must be handled within the validity period. If, with the approval of the chief prosecutor or the decision of the procuratorial committee, the proceeds are realized in accordance with the law before the conclusion of the case, the proceeds shall be kept by the management department, and the parties or their close relatives shall be notified in writing in a timely manner.

Article 33: When handling the seized or frozen money and property involved in a case, the case handling department shall put forward opinions and submit them to the chief prosecutor for decision. The management department responsible for the custody, seizure, and freezing of the money and property involved in the case shall handle the relevant procedures together with the case handling department.

If a case transferred by the People's Procuratorate to other agencies requires the transfer of seized or frozen money and property involved in the case, it shall be handled in accordance with the provisions of the preceding paragraph.

Article 34 When deciding to withdraw a case, the investigation department shall state the results of the handling of the seized or frozen money and property involved in the case withdrawal decision. If the seized illegal gains need to be confiscated, procuratorial opinions shall be submitted and transferred to the relevant competent authorities for processing. If it needs to be returned to the original owner or victim, the seizure and freezing should be lifted and returned directly.

If a case is dismissed due to the death of a criminal suspect, and the frozen deposits and remittances should be confiscated or returned to the victim in accordance with the law, you may apply for a People's Court ruling to notify the financial institution that froze the criminal suspect's deposits and remittances to turn them over to the state treasury or Return the case to the victim; if the case is withdrawn due to other reasons, the freezing institution shall be directly notified to hand it over to the national treasury or return it to the victim. If it is necessary to return the criminal suspect, the freeze shall be lifted and returned to the criminal suspect or his legal heir.

Article 35: When the investigation department transfers the money and property for review and prosecution, it shall put forward its opinions on the handling of the seized and frozen money and property involved in the investigation conclusion report and the transfer for review and prosecution opinion, and list the whereabouts of the money and property. Enter the case file.

When the public prosecution department examines a case, it shall review the list of seized and frozen funds and property involved in the case, and the handling opinions transferred with the case. If the accounts are inconsistent with the facts, the investigation department should be required to verify and correct them. If upon review it is deemed that the property should not be seized or frozen, the public prosecution department shall put forward handling opinions and report to the chief prosecutor for approval before releasing the property from seizure or freezing and returning it to the original owner or victim.

Article 36: In cases where it is decided not to prosecute, the public prosecution department shall state in the decision not to prosecute the results of the handling of the seized or frozen money and property involved in the case. If it is necessary to confiscate the illegal income of the person who is not prosecuted, a procuratorial opinion should be submitted and transferred together with the decision not to prosecute to the relevant competent authority for processing. If it needs to be returned to the original owner or victim, the seizure and freezing should be lifted and returned directly.

Article 37: When a public prosecution case is initiated, the public prosecution department shall state in the indictment the handling of the seized or frozen money and property involved in the case. Seized items used as evidence shall be transferred with the case. For those that are not suitable for transfer, their list, photos or other supporting documents shall be transferred with the case.

When the People’s Procuratorate freezes the criminal suspect’s money deposited in a financial institution, it shall transfer the supporting documents issued by the financial institution to the People’s Court along with the case.

If the seized money and property involved in the case are not transferred in accordance with the law, they shall be handed over to the state treasury in accordance with the notice of the People's Court after the People's Court makes an effective judgment.

The People's Procuratorate shall handle the seized or frozen money and property in strict accordance with the effective judgments and rulings of the People's Court. For the seizure, freezing of money and property that has not been identified in the indictment, and the seizure and freezing of money and property that has been identified in the indictment but not identified in the People’s Court’s judgment or ruling, refer to the provisions of Articles 36 and 40 of these Provisions. deal with.

Article 38: If a criminal suspect dies during review and prosecution and his frozen deposits and remittances should be confiscated or returned to the victim in accordance with the law, he may apply for a People's Court ruling to notify the freezing of the criminal suspect's deposits and remittances. The financial institution that made the remittance shall turn it over to the national treasury or return it to the victim. If it is necessary to return the criminal suspect, the freeze should be lifted and returned to his legal heir.

Article 39: After the People’s Procuratorate makes a decision to withdraw a case or not to prosecute, or receives an effective judgment or ruling from the People’s Court, it shall make legal decisions on the seized or frozen money and property within thirty days. Process and prepare a handling report on the seized or frozen money and property, detailing the source and whereabouts of each item of money and property, and attaching copies of relevant legal documents, and submit them to the Chief Prosecutor for review and then deposit them into the case file. Under special circumstances, the period may be extended for thirty days upon the decision of the Prosecutor General.

Article 40: If the seized or frozen money and property involved in a case is examined to be the legal property of the victim and does not need to be presented in court, the People's Procuratorate shall return it in a timely manner. After the conclusion of the proceedings, any legitimate property found to belong to the criminal suspect, the person not being prosecuted, or the defendant shall be returned promptly. The recipient shall sign or stamp the list of returned money and items. The return list and photos of the items should be attached to the file.

Article 41: If no one claims the seized or frozen money and property that should be returned to the victim, a notice shall be announced. If no one claims it after one year of announcement, it will be turned over to the state treasury in accordance with the law.

If the unclaimed money and property is claimed after being handed over to the state treasury, and it is verified to be true, the People's Procuratorate shall apply to the financial department of the people's government for withdrawal or return. If the original object has been auctioned or sold, the price shall be refunded.

Article 42: Money and property involved in cases of embezzlement and misappropriation of public funds seized or frozen shall be returned to the original unit unless the court decides to turn them over to the national treasury. If the original unit no longer exists or although it exists, the embezzled or misappropriated funds have been written off as losses, they shall be turned over to the state treasury.

Article 43: When the People’s Procuratorate handles the seized or frozen money and property, it shall make a decision on the disposition of the seized or frozen money and property and serve it to the party concerned or his close relatives, who shall make a decision on the disposition of the seized or frozen money and property. Sign or stamp. If the party concerned or his close relatives do not sign, it shall be noted on the processing list. The handling of seized or frozen unit money and property shall be signed and stamped with the official seal by the relevant person in charge of the unit. If the person in charge of the unit does not sign, it shall be noted on the disposal list.

Article 44 If the seized or frozen money and property involved in the case shall be turned over to the state treasury or returned to relevant units and individuals in accordance with the law, if there is any interest, it shall be turned over or returned together.

Chapter 5 Supervision, Inspection and Accountability

Article 45 The Discipline Inspection and Supervision Department of the People’s Procuratorate shall work with other relevant departments of this court to seize, freeze, store and handle the matters of this court. Conduct regular inspections on the money and property involved in the case. Check at least once a year.

After the relevant legal documents for the People’s Procuratorate to seize, freeze, keep, and deal with the money and property involved in the case are delivered or produced, the case handling department shall send copies of the legal documents to the discipline inspection and supervision department of this court within five days. The disciplinary inspection and supervision department shall conduct a timely review and promptly provide corrective opinions if it deems the violation to be illegal; when necessary, report to the chief prosecutor for handling or report to the disciplinary inspection and supervision department of the People's Procuratorate at the next higher level.

The disciplinary inspection and supervision department of the People's Procuratorate at the higher level shall supervise the seizure, freezing, safekeeping and handling of the money and property involved in the case by the People's Procuratorate at the lower level, and conduct inspections with relevant departments in a timely manner.

Article 46: When the positions of personnel in the People’s Procuratorate who have the authority and responsibilities to seize, freeze, keep, and handle the money and property involved in the case change, their departments shall work with the discipline inspection and supervision, financial equipment and other departments of the People’s Procuratorate to review the changes. Inspect the relevant money and property seized or frozen and go through the work handover procedures.

Article 47 If a staff member of the People’s Procuratorate violates these regulations when seizing, freezing, keeping, or handling money and property involved in a case, he or she shall be held accountable in accordance with the disciplinary provisions for prosecutors on a case-by-case basis; if a crime is constituted, , pursue criminal responsibility in accordance with the law.

If state compensation is required due to violation of regulations, part or all of the compensation fees shall be recovered from the relevant responsible persons in accordance with the provisions of the State Compensation Law.

Chapter 6 Supplementary Provisions

Article 48 The seizure, freezing, safekeeping and handling of the money and property involved in the case transferred to the People's Procuratorate by other agencies along with the case shall be carried out in accordance with these regulations.

Article 49: Fees paid for the custody, appraisal, valuation, announcement, etc. of seized or frozen money and property shall be included in the case handling expenses of the People's Procuratorate and shall not be charged from the parties.

Article 50 The People’s Procuratorate that has established a case management department may, in accordance with relevant regulations, determine the role of the case management department, the discipline inspection and supervision department, and the financial equipment department in the custody, processing, and supervision of seized or frozen money and property. Responsibilities and Division of Labor.

Article 51 The criminal suspects, defendants and victims referred to in these regulations include natural persons and entities.