"Measures for the Management of Vehicles Involved in Cases by the Public Security Bureau of Heilongjiang Province"

Article 5 The case-handling department of the public security organ shall designate a dedicated person to be responsible for the reception, custody and transfer of the vehicles involved in the case in the department, and shall not be allowed to The investigators will keep the vehicles involved themselves. The public security organs at or above the city or county level shall establish or designate unified storage locations and designate dedicated personnel to centrally store the vehicles involved in the case.

Article 6 Public security organs at all levels should improve the registration, transfer, retrieval and disposal systems for vehicles involved in the case, and strictly regulate management. It is strictly prohibited for units and individuals to appropriate, store, borrow, misappropriate, replace, dismantle, destroy or dispose of the vehicles involved without authorization.

Article 7 If the case handlers need to take measures such as detaining, impounding, or recovering the vehicles involved in the case during the handling of the case, they must strictly abide by relevant laws and regulations, perform corresponding legal procedures, and carefully inspect the vehicles. Characteristics, inventory the items in the vehicle, take photos or videos to fix them, and indicate the appearance, damage, source, engine number, frame number, mileage and items in the vehicle, etc.

Article 8: After case-handling personnel detain, impound, or recover the vehicle involved in the case in accordance with the law (or detain, impound, or recover the vehicle involved from other places and return it to the location of the case-handling unit), they shall hand over the vehicle to the custody personnel within 24 hours, and After going through the handover procedures, the custodian will affix a seal to the vehicle involved and seal it.

The custodian shall check and register the vehicle involved in the case handed over by the case handler on the spot according to the relevant legal documents, and shall sign or seal it with the case handler ***. If legal documents are missing or necessary matters are incompletely recorded in the legal documents, the case handlers should be required to complete them.

Article 9: Due to identification needs, case handling personnel may obtain the vehicles involved in the case from the custody personnel with the written approval of the person in charge of the case handling department. However, the procedures should be strictly followed, the reason for retrieval and return time should be registered, and the case handlers and custodians should sign or seal it. When the vehicle involved in the case is returned, the custodian should conduct an inspection and truthfully record any damage, disassembly, replacement of vehicle parts, etc., and report it to the person in charge of the case handling department.

Case-handling personnel shall not use vehicles involved in the case on the grounds that transportation is required for handling the case.

Article 10 The transfer, return, collection, and handover of the vehicles involved in the case to the state treasury shall be carried out by the case handling department in accordance with relevant laws and regulations. For the vehicles involved in the case that should be returned in accordance with the law, the case handling department must return them in a timely manner according to the prescribed time limit without unreasonable delay.

When returning the vehicle involved in the case in accordance with the law, the case handling department shall submit it to the person in charge of the public security organ at or above the county level for approval, and prepare a list of returned items in duplicate, which shall be signed or stamped by the person handling the case and the recipient of the public security organ respectively. , one copy is handed over to the recipient, and one copy is attached to the file. At the same time, the reason for the return should be noted in the case file, and photos of the original object, legal documents and the collection procedures of the parties should be kept in the file for future reference.

Article 11 For vehicles involved in cases that are seized and used as evidence in criminal cases, in addition to returning them to the legal holders in accordance with the law, the case handling unit shall transfer them with the case. For those that are not suitable for transfer, the list of impounded vehicles, photos or other supporting documents shall be transferred with the case. After the People's Court makes an effective judgment, the case handling unit will handle the matter according to the notice of the People's Court.

Article 12 The prefecture-level and municipal-level public security organs must conduct centralized clean-ups and rectifications of the vehicles involved in the case at least once a year, and handle the cases where no one has claimed rights for more than six months in a centralized manner in accordance with the law to avoid remaining problems.

Article 13: If the case handling department takes measures such as detaining, impounding, or recovering the vehicle involved in the case, it shall report within 24 hours the facts, legal basis, implementation time, basic information of the vehicle involved, and storage location of the measures taken. and the police handling the case shall be reported to the supervision department of the public security organ at the corresponding level for record.

Article 14 If the case-handling department transfers, returns, confiscates, or turns over the vehicle involved in the case to the state treasury in accordance with the law, it shall report it to the legal department at the same level for review, and notify the public security officer at the same level of the handling of the vehicle involved within 24 hours after implementation. Registration with the agency’s supervisory department.

Extended information

"Heilongjiang Provincial Public Security Bureau Management Measures for Vehicles Involved in Cases"

Article 15 The police inspection department shall carry out on-site inspections and other methods Strengthen supervision and inspection. If it is discovered that the detention, impoundment, recovery and storage measures taken by the case handling units and personnel on the vehicles involved in the case are illegal or improper, they should be stopped and corrected in a timely manner.

Article 16 Public security organs at all levels should include the management of vehicles involved in the case into the scope of law enforcement supervision and law enforcement quality evaluation. In the process of reviewing and supervising the case, the legal affairs department shall promptly provide corrective opinions if it is found that the case-handling department and case-handling personnel have taken measures against the vehicles involved in violation of laws and regulations.

Article 17 If the vehicle involved in the case is detained, impounded, or recovered in violation of regulations, or fails to hand over the vehicle for safekeeping in a timely manner without justifiable reasons, or if the vehicle should be returned according to law but refuses to do so, and the circumstances are minor, Those directly responsible will be notified and criticized and ordered to make corrections. If consequences are caused, administrative sanctions will be imposed in accordance with relevant regulations.

Article 18: An entity or individual illegally stores, borrows, misappropriates, exchanges, destroys, or otherwise appropriates or disposes of the vehicle involved in the case without authorization, or fails to perform custody duties in accordance with regulations, resulting in damage or loss of the vehicle If the consequences are serious and the impact is bad, in addition to holding the department heads and directly responsible persons accountable, the leaders of the public security organs should also be held accountable in accordance with regulations; if the circumstances are serious enough to constitute Anyone who commits a crime shall be held criminally responsible in accordance with the law.

If the public security organ compensates the parties for their losses in accordance with the law, after the compensation, the people's police who committed intentional or gross negligence in law enforcement shall be ordered to bear part or all of the compensation costs.