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Provisions on criminal seizure, seizure and freezing of property

During the investigation of a case, if the investigators discover that some property is important for the investigation of the case, the investigators may seal or detain these properties in accordance with the provisions of the Criminal Procedure Law.

Legal basis:

"Criminal Procedure Law of the People's Republic of China"

Article 141 Usable information discovered during investigation activities Various property and documents used to prove the guilt or innocence of a criminal suspect 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 shall be clearly checked together with the witnesses present and the holders of the property and documents that were seized or seized, and a list shall 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.

"Procedural Regulations for the Handling of Criminal Cases by Public Security Organs"

Article 227 Various properties 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; however, property and documents unrelated to the case shall not be sealed up or detained.

If the holder refuses to hand over the property or documents that should be sealed or seized, the public security organs may forcibly seal or seize them.

Article 228 If property or documents need to be seized during the investigation process, a seizure decision must be made with the approval of the person in charge of the case handling department; if property or documents need to be seized during on-site investigation or search , shall be decided by the on-site commander; however, if the seized property or documents are of high value or may seriously affect normal production and operations, a seizure decision shall be prepared with the approval of the person in charge of the public security organ at or above the county level.

If it is necessary to seize land, houses and other real estate, or specific movable properties such as ships, aircraft and other large machines and equipment that are not suitable for movement during the investigation, the person in charge of the public security agency at or above the county level must obtain approval and make a seal. decision letter.