Article 5 It is strictly forbidden to detain or freeze money and materials before filing a case. If the money and materials suspected of committing a crime are found before filing the case and meet the conditions for filing the case, the case shall be filed in time, and measures of sealing up and freezing shall be taken to preserve the evidence and prevent the transfer of the money and materials involved.
If an individual or unit surrenders to the people's procuratorate before filing a case, the people's procuratorate may accept the case first, issue a receipt to the surrenderer, and decide to detain or freeze it according to the investigation.
After the people's procuratorate distracts or freezes the money and materials involved, it shall promptly investigate, and may not cancel the case or stop the investigation without reason.
Article 6 When the people's procuratorate distracts or freezes the money and materials involved in the case of a criminal suspect or defendant, it shall reserve necessary living expenses and articles for the criminal suspect, defendant and their families.
Article 13
Seizure and freezing of money and goods involved shall be reported to the procurator-general for approval and executed by two or more procurators.
Article 14
All kinds of articles found in the process of on-site investigation, search, detention and arrest that can prove the criminal suspect's guilt or innocence, as well as illegal contraband that may belong to illegal income, shall be detained; People who have nothing to do with this case will not be detained. If it is not immediately possible to find out whether the suspicious money and goods are related to the case, they may be detained first and examined and dealt with in accordance with the provisions of Article 21 of these Provisions.
If a criminal suspect needs to detain his belongings after he arrives at the case, it shall be handled in accordance with the provisions of the preceding paragraph. Personal belongings unrelated to the case should be registered one by one, handed over or returned to their families.
Article 15
If the money and goods involved in the case that need to be seized or frozen are not within their jurisdiction, the people's procuratorate handling the case shall, in accordance with relevant laws and these Provisions, ask the people's procuratorate where the money and goods are seized or frozen for assistance in execution, and the requested people's procuratorate shall assist in execution.
If the people's procuratorate requested for assistance has any objection, it may raise it with the people's procuratorate handling the case. If the two sides cannot reach an agreement, they shall report to the people's procuratorate at a higher level for consultation step by step; When necessary, it shall be reported to the people's procuratorate at the next higher level for decision.
Article 16
The seized money and goods shall be counted clearly by the procurator together with the witnesses present and the holders of the seized money and goods, and seized after taking photos or videos, and a list of the seized goods shall be made in quadruplicate on the spot, indicating the main features of the seized goods, such as name, model, specification, quantity, quality, color, recency and packaging, which shall be signed or sealed by the procurator, witnesses and holders. If the holder refuses to sign, seal or is not present, it shall be indicated on the list.
Seal up and freeze stocks, bonds, funds, warrants, futures, warehouse receipts, gold, etc. If the market price fluctuates greatly, it shall inform the parties concerned or their close relatives in writing that they have the right to apply for sale in accordance with the provisions of the second paragraph of Article 32 of these Provisions.
Article 17
If it is inconvenient or unnecessary to take out the real estate, production equipment or other property that should be sealed up, the right certificate shall be sealed up, sealed up on the spot after being photographed or videotaped, or kept by the holder or his close relatives, and a list of sealed up (sealed up on the spot) shall be made in quadruplicate, indicating the detailed address and relevant characteristics of the relevant items, and indicating that the photo or video has been taken, and the right certificate has been seized and signed or sealed by the procurator, witness and holder. When unsealing, witnesses and holders shall be present, and sign or seal them. If the holder refuses to sign, seal or is not present, it shall be indicated on the list.
If the seized property is entrusted to the holder or his close relatives for safekeeping, the procurator shall inform the custodian in writing that the seized property must be properly kept and may not be transferred, sold, damaged, leased, mortgaged or donated.
Article 18
The following funds and materials shall be seized and frozen by the case-handling department and dealt with accordingly:
(1) When seizing valuables such as foreign currency, gold and silver jewelry, cultural relics, calligraphy and painting, etc., which are difficult to distinguish between true and false, a list shall be made, with characteristics indicated, and sealed on the spot after taking photos or videos. The sealed materials shall be signed or sealed by the prosecutors, witnesses and the holders of the seized articles. According to the needs of handling cases, timely entrust qualified departments to issue appraisal reports. When unsealing, a witness or holder shall be present and sign or seal it;
(2) Passbooks, certificates of deposit, credit cards, stocks, bonds, funds, warrants, futures and other securities and cash, or articles with certain characteristics that can prove the case, shall be marked with their characteristics, numbers, types, face value, number of sheets and amount. After taking photos or videos, it will be sealed as an item. The sealed materials will be signed or sealed by the prosecutors, witnesses and the holders of the seized items, and the corresponding accounts will be frozen. When unsealing, a witness or holder shall be present and sign or seal it;
(3) The cause of action, contents, specifications, categories, application length, file format, production or extraction time, producer or extractor, etc. of magnetic and electronic storage media such as audio tapes, video tapes, floppy disks, optical disks, USB flash drives and mobile hard disks. It should be indicated;
(4) Take notes, drawings, photographs, videos, etc. to preserve articles that are easily damaged, lost or deteriorated and other articles that are not suitable for long-term preservation, and then seal them up;
(five) in accordance with the provisions of article seventeenth, a copy of the seizure decision will be served to the local real estate or production equipment and other property registration and management departments, and the sale, transfer and mortgage are prohibited before the seizure is lifted;
(6) After taking photos or videos of confidential electronic equipment, documents and other articles of the entity, they shall be sealed on the spot, and the sealed materials shall be signed or sealed by the procurators, witnesses and relevant persons in charge of the entity. When unsealing, there shall be witnesses and the relevant person in charge of the unit present, and sign or seal them.
If the relevant personnel refuse to sign or seal in accordance with the relevant provisions of the preceding paragraph, the people's procuratorate shall indicate it in the relevant documents.
Article 19
The indivisible property purchased by a criminal suspect with illegal income and legal income may be seized and frozen first, and shall be examined and dealt with in accordance with the provisions of Article 21 of these Provisions. Property that cannot be returned separately shall be auctioned and sold after the case is closed, and the part that does not belong to illegal income shall be returned.
Article 20
After the criminal suspect is detained or arrested, if his relatives and friends are entrusted by the criminal suspect or voluntarily hand over or return the money and goods involved to the procuratorial organ, it shall be handled with reference to Articles 16 and 17 of these Provisions, and the procurator, the person who handed over the money and goods on his behalf and the witness shall sign or seal the seizure list.
The person who handed in the money and goods on behalf of the criminal suspect shall indicate on the list that he was entrusted by the criminal suspect or took the initiative to hand in or return the compensation on his behalf.
Article 21
The case-handling department shall promptly review the seized and frozen funds and materials. If it is found that it has nothing to do with the case, it shall make a decision on dissolution or return within three days, and notify the relevant parties or their close relatives to handle the relevant procedures.
Article 22
If the investigation, supervision and public prosecution departments of the people's procuratorate find that the investigation departments illegally detain, freeze or deal with the money and materials involved, they may put forward rectification opinions according to law.