Provisions on the management of property involved in procuratorial work are as follows: Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Criminal Law, the Criminal Procedure Law, the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation) and the actual procuratorial work in order to implement the requirements of the central authorities on standardizing the disposal of property involved in criminal cases, further standardize the management of property involved in criminal cases by people's procuratorates, improve the judicial level and the quality of handling cases, and protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 The property involved in criminal proceedings of the People's Procuratorate as mentioned in these Provisions refers to the property related to the case and its fruits seized, detained and frozen by the People's Procuratorate in the course of criminal proceedings, as well as the property received from other case-handling organs and its fruits, including the illegal gains and fruits of criminal suspects, the property used to commit crimes, the contraband illegally held and other property related to the case and its fruits.
Article 3 Illegally acquired property shall be recovered or ordered to make restitution. The lawful property of the victim shall be returned in accordance with the relevant provisions. Contraband and property used in crimes shall be sealed up, detained, frozen and disposed of according to law.
Article 4 The People's Procuratorate shall seal up, detain, freeze, keep and dispose of the property involved in the case in strict accordance with the Criminal Procedure Law, the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation) and other relevant provisions. No property irrelevant to the case may be sealed up, detained or frozen. If the property is sealed up, detained or frozen, it shall be examined in a timely manner; If it is found that it has nothing to do with the case, it shall be dissolved and returned within three days, and the relevant parties shall be notified. It is strictly forbidden to seal up, detain or freeze by false declaration or other illegal means. If the illegal off-balance-sheet funds of the unit involved have nothing to do with the case, they may not be sealed up, detained or frozen, and may notify the relevant competent department or its superior unit for handling. When sealing up, distraining or freezing the property involved, necessary living expenses and articles shall be reserved for the criminal suspect, defendant and their dependent relatives, so as to reduce the impact on the normal office, production and business activities of the unit involved.
Article 5 It is strictly forbidden to seal up, detain or freeze property before filing a case. If the property suspected of committing a crime is found before filing a case and meets the conditions for filing a case, it shall be filed in time, sealed up, detained and frozen to preserve the evidence and prevent the property involved from being transferred or damaged. If an individual or unit surrenders himself to the people's procuratorate with the property involved before filing a case, the people's procuratorate may accept the case first according to the jurisdiction provisions, and issue a receipt to the surrenderer, and decide whether to seal up, detain or freeze according to the investigation. After the people's procuratorate seals up, distrains or freezes the property involved, it shall promptly investigate, and may not cancel the case or stop the investigation without reason.
Article 6 After a criminal suspect arrives at the case, if his relatives and friends are entrusted by the criminal suspect or voluntarily return or compensate the property involved to the procuratorial organ, it shall be handled with reference to the relevant procedures of seizure, seizure and freezing in the Criminal Procedure Rules of the People's Procuratorate (Trial). If the relevant conditions are met, the people's procuratorate shall issue a decision on seizure, seizure and freezing, and the list shall be signed or sealed by the procurator, the person who returns or compensates on his behalf and other personnel required by relevant regulations. The person who returns or compensates on his behalf shall indicate on the list whether he is entrusted by the criminal suspect or voluntarily returns or compensates on his behalf.
Article 7 The people's procuratorate shall implement the principle of separating the seizure, seizure, freezing and handling of the property involved from the custody of the property involved, and the case handling department and the case management, planning, financial equipment and other departments shall be responsible for the division of labor, cooperate with each other and restrict each other. The investigation and supervision, public prosecution, public prosecution and criminal appeal procuratorial departments shall, in accordance with the Criminal Procedure Law and other relevant provisions, supervise the activities of the case-handling departments in sealing up, distraining, freezing, keeping and handling the property involved. The case-handling department is responsible for sealing up, detaining, freezing and disposing of the property involved according to law, and managing the property involved that has not been handed over to the case management department or deposited in a unique compliance account in accordance with the provisions of the second paragraph of Article 10 and Article 12; The case management department is responsible for keeping the items involved handed over by the case handling department and other case handling organs, and supervising and managing the work of sealing up, distraining, freezing and handling the property involved in accordance with relevant regulations; The Planning, Finance and Equipment Department is responsible for managing the seized funds deposited in a unique compliance account. The supervisory department of the people's procuratorate shall, in accordance with the relevant provisions, supervise the work of sealing up, distraining, freezing, keeping and handling the property involved.
Article 8 The people's procuratorate shall seal up, detain, freeze and dispose of the property involved, and shall use the legal documents uniformly formulated by the Supreme People's Procuratorate to fill in the standardized and complete forms. It is forbidden to seal up, detain, freeze or dispose of the property involved by using documents that do not meet the requirements.
Ninth seizure, seizure, freezing, sealing and disposal of property involving state secrets, commercial secrets and personal privacy, should strictly abide by the relevant confidentiality provisions.
Chapter II Transfer and Acceptance of Property Involved in the Case
Article 10 After the case-handling department of the People's Procuratorate seals up, distrains and freezes the property involved and the fruits thereof, it shall deal with it in a timely manner according to the following circumstances, which shall not exceed three days at the latest, unless otherwise stipulated by laws and relevant regulations: (1) deposit the seized money into a special compliance account; (two) the seized goods and related rights certificates, payment certificates and cash with certain characteristics that can prove the case. And send it to the case management department for safekeeping; (3) List of assets sealed up, detained and frozen, and deposit certificate of the detained funds in the only compliant account, etc. And send it to the case management department for registration; The case management department copies and saves the deposit voucher, and sends the original to the Planning Finance & Equipment Department. If the seized funds and materials cannot be deposited into the unique compliance account or sent to the case management department for safekeeping on time due to special reasons, the case management department may temporarily keep them after the reasons are eliminated, but the seizure list, relevant rights certificates and payment certificates shall be sent to the case management department for registration and safekeeping within the time limit specified in the first paragraph of this article.
Article 11 The case management department shall, when receiving the property or list involved in the case transferred by the case handling department of the people's procuratorate, examine whether it meets the following requirements: (1) There is a written decision on filing a case, corresponding legal documents for sealing up, distraining and freezing, and the list of sealing up and distraining is standardized and complete and meets the relevant requirements; (2) The transferred property conforms to the list; (3) The list of seized goods handed over has marked the main features of the seized property in accordance with the relevant provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial); (4) Valuables such as foreign currency, gold and silver jewelry, cultural relics, precious calligraphy and paintings that are difficult to distinguish authenticity have been sealed up in accordance with the relevant provisions of the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation), and the sealed materials have been signed or sealed by prosecutors, witnesses and holders of seized articles. If they have been identified, a copy of the appraisal opinion is attached; (5) The seized payment vouchers such as passbooks, credit cards and negotiable securities, as well as cash with certain characteristics that can prove the case, have been sealed up in accordance with the provisions on seizure in the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation), indicating the characteristics, serial number, type, face value, quantity and amount. The sealed materials shall be signed or sealed by the procurator, witness and the holder of the seized goods; (VI) The attached list has been marked with the detailed address and relevant features of the relevant property in accordance with the Criminal Procedure Rules of the People's Procuratorate (Trial), and signed or sealed by the procurator, witness and holder, indicating whether photos or videos have been taken and whether a certificate of rights has been attached, indicating that the property will be kept by the case-handling department or handed over to the obligee or his close relatives after being seized, and that a copy of the seizure decision has been delivered to the relevant property registration and management department.
Article 12 The following property involved in the case sealed up and detained by the case-handling department of the People's Procuratorate shall not be handed over to the case management department for safekeeping, but shall be properly managed by the case-handling department after taking photos or videos, or be disposed of in time in accordance with relevant regulations: (1) sealed real estate and facilities that are not suitable for moving on real estate, as well as property involved in the case such as vehicles, ships, aircraft and large-scale machinery and equipment, Seal up the relevant certificates of rights in a timely manner in accordance with the provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial) on sealing up and seizure, and send a copy of the seal-up decision to the relevant registration administration departments, informing them that it is forbidden to go through the formalities of alteration and transfer registration of ownership relations such as mortgage, transfer and sale during the seal-up period; (2) Precious cultural relics, precious animals and their products, rare plants and their products shall be handed over to the competent authorities in accordance with the relevant provisions of the state; (three) drugs, obscene articles and other contraband, promptly handed over to the relevant competent departments, or strictly sealed according to the needs of handling cases, and shall not be used or disseminated without authorization; (four) explosive, flammable, radioactive, toxic, corrosive and other dangerous goods, according to the needs of handling cases, timely handed over to the relevant departments or entrusted to the relevant competent departments for safekeeping; (5) Articles that are easy to be damaged, lost or deteriorated, which are not suitable for long-term preservation, and articles that are easy to depreciate, such as cars and boats, may be sold and auctioned in advance by the relevant departments in time with the consent or application of the obligee and the approval of the attorney general, and the proceeds shall be deposited in a unique compliance account. Pre-sale and auction should be open and fair. If the case-handling department of the people's procuratorate fails to hand over the property involved to the case management department for safekeeping in accordance with the provisions of the preceding paragraph, it shall, in accordance with the provisions of the first paragraph of Article 10 of these Provisions, send the seizure list, relevant rights certificates and payment certificates to the case management department for registration and safekeeping.
Article 13 If the case management department of the people's procuratorate receives the property involved transferred by other case-handling organs, it shall review and handle it with reference to the provisions of Articles 11 and 12 of these Provisions. The case management department shall accept and store the handed-over articles, rights certificates, payment certificates and cash that can prove that the case has certain characteristics after examination. The money involved in the transfer shall be deposited into the only compliance account designated by the procuratorial organ by other case-handling organs, and the case management department shall register the transfer voucher and contact the planning, finance and equipment departments for verification. If other case-handling organs directly transfer cash, the case management department can notify them to deposit it in the designated unique compliance account, or contact the planning finance and equipment department to count, receive and timely deposit it in the unique compliance account. The Planning Finance & Equipment Department will send a copy of the receipt voucher to the case management department for registration within three days after receiving the payment. For the relevant objects transferred with the case when other case-handling organs transfer them for examination and prosecution, if the case management department considers it inappropriate to transfer them after consultation with the public prosecution department, it can only accept lists, photos or other supporting documents in accordance with the provisions of the first and second paragraphs of Article 234 of the Criminal Procedure Law. When necessary, the case management department of the people's procuratorate may communicate and negotiate with the public prosecution department and other relevant departments of the case-handling organ to determine the physical objects that will not be transferred with the case.
Article 14 The case management department shall designate a special person to be responsible for receiving, managing and inputting the relevant information of the property involved.
Fifteenth case management departments to receive the sealed property involved, generally do not open the box. If the transfer department or case management department considers it necessary to unseal, the transfer personnel and the receiving personnel shall jointly unseal, inspect and reseal, and record the whole process. According to the provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial), when the property involved is unsealed, inspected and re-sealed, witnesses, holders or unit leaders shall be present and signed or sealed in accordance with the provisions.
Article 16 If the case management department considers that the property, list and other relevant materials received are qualified, it shall sign the handover list in time, make the warehousing list and go through warehousing procedures. If it does not meet the requirements, it shall inform the transfer unit of the reasons, and the transfer unit shall timely supplement the relevant materials, or make corrections or make reasonable explanations in accordance with the relevant provisions.
Chapter III Custody of the Property Involved
Article 17 The people's procuratorate shall truthfully register the property involved in the case that has been sealed up, detained or frozen and the fruits thereof, and keep it properly.
Article 18 The planning, finance and equipment departments of the people's procuratorate shall set up detailed accounts for the seized money and goods and their fruits one by one, and strictly implement the procedures for receipt and payment. The Planning Finance & Equipment Department shall regularly check the funds in the only compliant account to ensure that the accounts are consistent with the facts.
Nineteenth case management departments should establish account cards for the received items, so that one case is accounted for and one card (code) is made. For valuables and small items, packages, pieces, boxes and cards should be kept according to the types of items. The case management department shall regularly check the items involved to ensure that the accounts are consistent with the facts.
Article 20 The special storage place for articles involved in the case shall meet the following requirements: (1) Install anti-theft doors and windows, iron cabinets, alarms and monitors; (two) equipped with necessary storage boxes, boxes, bags and other equipment and facilities; (three) equipped with dehumidification, temperature regulation, sealing, mildew and corrosion protection and other necessary equipment and facilities; (four) equipped with the necessary measurement, identification and identification equipment and facilities; (five) the need to store electronic storage media items, should be equipped with antimagnetic cabinet; (6) Other necessary equipment and facilities.
Twenty-first people's Procuratorate case handling department personnel need to check and temporarily transfer the property involved, it shall be approved by the person in charge of the case handling department; If it is necessary to transfer or dispose of the property involved, it shall be approved by the attorney general. If the examination and approval procedures are complete, the case management department shall go through the clearance procedures and register carefully. If the sealed property involved in the case needs to be unpacked during inspection, delivery and return, the requirements of Article 15 of these Provisions shall be observed.
Chapter IV Disposal of Property Involved in the Case
Article 22. The seized, distrained or frozen property involved in the case and its fruits shall not be turned over to the state treasury or otherwise disposed of unless they are returned to the victim in accordance with regulations or found to be really irrelevant to the case before the end of the lawsuit. Unless otherwise provided by laws and relevant regulations. In the course of litigation, the people's procuratorate shall return the lawful property of the victim in a timely manner according to law if it does not harm the interests of other victims or interested parties and does not affect the normal progress of litigation. If the ownership is disputed, it shall be handled together with the decision to dismiss the prosecution, not to prosecute or make a judgment by the people's court. During the period of seizure and freezing, if the obligee applies to sell the seized or frozen bonds, stocks, fund shares and other properties, and the validity period of the seized or frozen bills of exchange, promissory notes and checks is about to expire, the case-handling department of the people's procuratorate shall handle it in a timely manner in accordance with the relevant provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial).
Article 23 The people's procuratorate shall dispose of the property involved within 30 days after making a decision to dismiss the case, not to prosecute or receiving an effective judgment or ruling from the people's court. Under special circumstances, with the approval of the attorney general, it may be extended for thirty days. If the people's procuratorate decides to dismiss the case, the property involved in the preceding paragraph shall be handled by the investigation department; The public prosecution department is responsible for handling cases where the people's procuratorate decides not to prosecute or the people's court makes a judgment or ruling; For a case directly filed by the people's procuratorate, the public prosecution department may request the investigation department to assist in the investigation. The people's procuratorate shall first receive the property involved in the case in accordance with the provisions of the second paragraph of Article 5 of these Provisions. If it decides not to file a case, the investigation department shall handle the property received in advance within the time limit specified in the first paragraph of this article.
Twenty-fourth to deal with the property involved in the case kept by the case management department, the case handling department shall go through the formalities of leaving the library with the relevant documents or reports approved by the procurator-general; To handle the money and materials involved in the case deposited in a unique compliance account, the case-handling department shall handle the withdrawal or transfer procedures with the relevant documents or reports approved by the procurator-general and the case management department. In line with the examination and approval procedures, the case management department or the planning and financial equipment department shall handle it in time. For the property involved that has not been handed over to the case management department for safekeeping or deposited in a unique compliance account in accordance with the provisions of the second paragraph of Article 10 and Article 12 of these Provisions, the case-handling department shall report it to the chief procurator for approval within the time limit specified in Article 23 of these Provisions and deal with it in time.
(1) If the case is dismissed due to the death of the criminal suspect and it is decided not to prosecute, the illegal gains and other property involved shall be recovered according to the provisions of the Criminal Law, and the procedures for confiscation of the illegal gains from the escape and death of the criminal suspect shall be handled in accordance with the Criminal Procedure Rules of the People's Procuratorate (Trial); The property involved in the case that does not need to be recovered shall be returned to the criminal suspect and the legal heir of the person who is not prosecuted in time according to the time limit stipulated in Article 23 of these Provisions; (2) If the case is dismissed for other reasons and it is decided not to prosecute, and it is necessary to confiscate the criminal suspect's illegal income and other property involved in the case, it shall put forward procuratorial suggestions in accordance with the provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial) on the handling of the criminal suspect's illegal income when the case is dismissed or put forward procuratorial opinions in accordance with the provisions of the third paragraph of Article 173 of the Criminal Procedure Law and transfer them to the relevant competent authorities for handling; If the property involved is not identified and needs to be confiscated and transferred to the relevant competent authorities for handling, it shall be returned to the criminal suspect or non-prosecutor in a timely manner within the time limit stipulated in Article 23 of these Provisions; (3) After the people's court has made an effective judgment or ruling on the case of public prosecution, it shall notify the financial institution to turn over the property frozen in the financial institution to the state treasury; The people's procuratorate shall, according to the judgment and ruling of the people's court, hand over the property involved that has been sealed up or detained but not transferred to the people's court according to law; (four) the investigation department of the people's Procuratorate transferred it for examination and prosecution, and the property involved was not identified as related to the crime in the procuratorial opinions; In a case of public prosecution, the property involved that is not identified in the indictment or has been identified in the indictment but not identified in the effective judgment or ruling of the people's court shall be promptly transferred to the relevant competent authorities for handling or returning the criminal suspect, non-prosecutor or defendant in accordance with the provisions of the second paragraph of this article; (5) If the property involved in the case that has been sealed up, detained or frozen needs to be returned to the victim, it shall be returned in accordance with relevant regulations. The people's procuratorate shall strengthen coordination and cooperation with the people's courts, public security organs and state security organs, study and solve outstanding problems encountered in the handling of property involved, ensure the smooth progress of the trial, and effectively protect the legitimate rights and interests of the parties.
Twenty-sixth of the seized, detained and frozen property should be returned to the victim, unclaimed, it shall be announced. If the announcement is unclaimed for six months, it shall be turned over to the state treasury according to law. If it is turned over to the state treasury and claimed after verification, the people's procuratorate shall apply to the financial department of the people's government for return. If the original has been auctioned or sold, the price shall be returned.
Article 27 Property seized or frozen in cases of embezzlement, misappropriation of public funds and other crimes against state-owned assets shall be returned to the original unit or the unit whose rights and obligations have been inherited by the original unit, unless the people's court decides to turn it over to the state treasury. If the amount of crime has been written off as a loss or the original unit no longer exists and has no rights and obligations to inherit the unit, it shall be turned over to the state treasury.
Twenty-eighth seized, detained and frozen property involved shall be turned over to the state treasury or returned to the relevant units and individuals according to law. If there are fruits, they shall be turned over or returned together.
Chapter V Supervision of the Property Involved in the Case
Article 29 The supervisory department of the people's procuratorate shall conduct at least one inspection or special supervision on the property involved in the case of the hospital and the people's procuratorate at a lower level every year, and report the results within its jurisdiction. If violations of discipline and law are found, they shall be handled in accordance with relevant regulations.
Article 30 The case management department of the people's procuratorate may supervise and manage the property work involved in this hospital and the people's procuratorates at lower levels through such channels as case review, process monitoring, case quality evaluation and procuratorial business evaluation. If violations of laws and regulations are found, the relevant departments shall be urged to deal with them in a timely manner in accordance with relevant regulations.
Thirty-first case management department in the management of property involved, found that the case handling department or case handling personnel in any of the following circumstances, you can give a verbal reminder; If the violation is serious, send a notice of case flow monitoring; If it is considered necessary to investigate discipline or legal responsibility, it shall be transferred to the supervision department of our hospital for handling or report to the procurator-general: (1) the property involved in the seizure, seizure and freezing is inconsistent with the list and cannot be reasonably explained or explained; (2) Failing to seal up, sign for or seal up the property involved when sealing up, distraining or freezing it, thus affecting the handling of the case; (3) After the property involved has been sealed up, detained or frozen, it has not been deposited in the only compliance account in time, or has not been registered with the case management department in time, so it is impossible to make a reasonable explanation or explanation; (4) taking measures of sealing up, distraining and freezing before filing a case, or taking measures of sealing up, distraining and freezing without issuing legal documents in accordance with regulations; (5) taking measures of sealing up, distraining or freezing the property obviously irrelevant to the case, or finding that the property irrelevant to the case has not been released from sealing up, distraining or freezing, or failing to return the sealed up, distrained or frozen property to the victim; (six) in violation of the relevant provisions, before the end of the proceedings, the property involved will be turned over to the state treasury or otherwise handled; (seven) after the termination of the proceedings according to law, the property involved is not handled in time according to the relevant provisions, and it is still not handled in time according to law after being urged; (8) The property involved in the seizure, seizure or freezing is lost, damaged or leaked due to irresponsibility; (nine) corruption, misappropriation, interception, sharing, exchange, in violation of the provisions of the use of seized, detained or frozen property involved; (ten) other violations of laws and relevant regulations. The case handling department of the People's Procuratorate shall reply to the case management department in writing within ten days after receiving the Notice of Process Monitoring from the case management department. If the investigation, supervision, public prosecution, accusation and criminal appeal departments of the people's procuratorate find that the case-handling departments of our hospital have the circumstances specified in the first paragraph of this article, they shall perform their supervisory duties in accordance with the Criminal Procedure Law and other relevant provisions. When the case management department finds that the case handling department has the above-mentioned situation and thinks it necessary, it can notify the investigation and supervision, public prosecution, accusation and prosecution or criminal appeal and other departments according to the litigation links in the place where the case is handled.
Article 32 When the people's procuratorate seals up, distrains, freezes, keeps and handles the property involved, it shall do a good job of information inquiry and disclosure in accordance with relevant regulations, so as to provide guarantee and convenience for the parties and other participants in the proceedings to exercise their rights. If an outsider such as a bona fide third party has an interest in the handling of the property involved, the case-handling department of the people's procuratorate shall inform him that he enjoys the relevant litigation rights. If the parties and their legal representatives and defenders, agents ad litem and interested parties are dissatisfied with the seizure, seizure and freezing of the people's procuratorate or the handling of the property involved in the decision of the people's procuratorate to cancel the case or not to prosecute, they may file a complaint or accusation in accordance with the relevant provisions of the Criminal Procedure Law and the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation); The people's procuratorate accuses the procuratorial department of accepting, examining and handling complaints or exposures in a timely manner in accordance with relevant regulations, and feeding back the results. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action are not satisfied with the decision on handling the property involved, they may appeal in accordance with relevant regulations, and the victim or other interested parties may request the people's procuratorate to protest in accordance with relevant regulations.
Article 33 In the process of handling state compensation cases, the criminal appeal procuratorial department of the People's Procuratorate may investigate and verify the legality of the seizure, seizure, freezing and other acts to the case-handling department. If the state compensation decision involves related property involved, the relevant case-handling department shall implement it in time.
Article 34 The people's procuratorate shall accept the supervision of the people's supervisor when sealing up, distraining, freezing, keeping and handling the property involved.
Thirty-fifth people's procuratorates and their staff who violate the relevant provisions in the work of sealing up, distraining, freezing, keeping and handling the property involved shall be investigated for disciplinary responsibility; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If state compensation is caused, it shall be recovered from the relevant responsible personnel according to law.
Chapter VI Supplementary Provisions
Thirty-sixth the expenses paid for the custody, appraisal, valuation and announcement of the property involved shall be included in the funds of the people's procuratorate for handling cases (business) and shall not be charged to the parties.
Article 37 Criminal suspects, defendants and victims mentioned in these Provisions include natural persons and units.
Article 38 The relevant competent authorities mentioned in these Provisions refer to the organs and discipline inspection and supervision departments that have administrative management, administrative punishment and administrative sanctions over criminal suspects' illegal acts and related contraband and dangerous goods.
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