Smuggling is a criminal law crime. If a suspect is found illegally carrying a large amount of items that are prohibited or restricted by the country at the customs, an investigation will begin. Strictly prohibiting smuggling is also for the country to determine the domestic economic market. So what are the customs procedures for handling smuggling cases after smuggling is discovered? I will bring you the relevant content below. Smuggling case handling procedures (1) Basic procedures: including case acceptance, case filing, investigation, case solving, and investigation conclusion. 1. Acceptance of cases: The customs anti-smuggling department accepts smuggling criminal cases reported by citizens, smuggling criminal cases and smuggling criminal suspects discovered and transferred by other customs departments and local public security, industrial and commercial administration, tobacco monopoly and other administrative law enforcement agencies. The customs anti-smuggling department shall review the case materials immediately after accepting the case. Cases that do not fall within its own jurisdiction shall be transferred to the agency with jurisdiction within 24 hours. 2. Establishing a case. After review, if it is believed that there are criminal facts that require criminal liability and that it is within its own jurisdiction, the case shall be filed; if it is deemed that there are no criminal facts or the circumstances of the crime are obviously minor and there is no need to pursue criminal liability, the case shall not be filed. For a case with an accuser, if it is decided not to file the case, a "Notice of Not Opening the Case" should be prepared and served to the accuser within seven days. (2) Investigation methods 1. Interrogation of criminal suspects Interrogation of criminal suspects must be conducted by investigators. During the interrogation, there shall be no less than two investigators. Interrogations of criminal suspects involved in the same case shall be conducted individually. When interrogating a criminal suspect, investigators should inform the criminal suspect of his rights and listen carefully to the criminal suspect's statement of the circumstances of his guilt and his defense of innocence. It is strictly prohibited to use torture, inducement, deception, or other illegal methods to obtain confessions. The customs anti-smuggling department should carefully check the criminal facts, defense and counter-evidence confessed by the criminal suspect and handle them in accordance with the law. 2. Questioning witnesses: The customs anti-smuggling department may question witnesses in accordance with the law. When questioning witnesses, there shall be no less than two investigators, and the witness shall be shown the certification documents of the customs anti-smuggling department or the work certificates of the investigators. When questioning witnesses, they should be conducted individually. When questioning witnesses, the witnesses shall be informed of their legal rights and obligations. 3. Inspection and inspection: The customs anti-smuggling department may use various technical means to conduct inspections or inspections of crime-related places, items, and persons in accordance with the law. If a criminal suspect refuses to undergo inspection, investigators may conduct a compulsory inspection if they deem it necessary. Examination of women's bodies should be carried out by female investigators or doctors. In order to find out the facts of the case, the customs anti-smuggling department may conduct investigative experiments in accordance with the law. However, any behavior that is dangerous, humiliating or offensive to morals is prohibited. 4. Search: The customs anti-smuggling department may conduct searches on the bodies, belongings, residences and other relevant places of criminal suspects and people who may hide criminals or criminal evidence in accordance with the law. When conducting a search, a "Search Warrant" must be presented to the person being searched. There must be no less than two investigators conducting the search. At the same time, the person being searched or his family members, neighbors or other witnesses must be present. A "Search Record" should be prepared regarding the search and signed or sealed by the relevant personnel. Searches of women's bodies should be conducted by female investigators. In special emergencies when carrying out detention or arrest, a search can be conducted without a "search warrant". 5. Seizure of physical evidence and documentary evidence. Customs anti-smuggling departments shall seize items and documents (including mail, e-mails, and telegrams) discovered during investigation that can be used to prove the guilt or innocence of criminal suspects; however, items and documents unrelated to the case shall not be seized. Seizure. If the holder refuses to hand over the items or documents that should be seized, the customs anti-smuggling department may forcibly seize them. The number of investigators who shall seize items and documents in law enforcement shall not be less than two, and they must hold relevant legal documents or investigators' work certificates. For the seized items and documents, the customs anti-smuggling department shall make a clear inventory together with the witnesses present and the holders of the seized items and documents, and issue a uniformly printed "List of Seized Items and Documents" in triplicate on the spot, specifying the items or documents The name, number, specification, quantity, weight, quality, characteristics and origin of the certificate shall be signed or stamped by the relevant personnel as required, and one copy shall be handed over to the holder. No unit or individual may use, replace, destroy or dispose of seized items or documents on their own. If it is found that they are indeed irrelevant to the case, the seizure shall be lifted within three days and returned to the original owner.
For items that are easy to perish and deteriorate and other items that are difficult to keep, the relevant departments may be entrusted to sell, auction, sell, or auction the proceeds temporarily according to the specific circumstances, and the proceeds from the auctions will be temporarily stored until the litigation is concluded and they will be dealt with in accordance with the law. 6. Inquiry and freezing of deposits and remittances: The customs anti-smuggling department may inquire and freeze crime-related deposits and remittances of criminal suspects and suspect units in financial institutions or postal and telecommunications departments in accordance with regulations. The period of frozen deposits is six months. If there are special reasons for extending the period, the maximum period of each extension shall not exceed six months. For frozen deposits and remittances, if it is found that they are indeed irrelevant to the case, the freeze shall be lifted within three days and all persons with frozen deposits and remittances shall be notified. 7. Appraisal: In order to identify the case and resolve certain specialized issues in the case, the customs anti-smuggling department shall assign or hire persons with appraisal qualifications to conduct appraisal in accordance with the law. The customs anti-smuggling department shall inform the criminal suspect of the identification conclusions used as evidence. If the criminal suspect has objections to the identification conclusion and applies for it, supplementary identification or re-identification can be made with the approval of the person in charge of the customs anti-smuggling department. 8. Identification: In order to ascertain the facts of the case, the customs anti-smuggling department may, when necessary, allow criminal suspects and witnesses to identify crime-related items, documents, places or criminal suspects in accordance with the law. The identification shall be conducted under the supervision of investigators. The number of investigators conducting the identification shall not be less than two. An "Identification Record" shall be prepared for the identification process and results. If the identity of a criminal suspect is unwilling to be conducted in public, the identification may be conducted without exposing the identity of the suspect, and investigators shall keep the identity of the suspect confidential. 9. Wanted: The customs anti-smuggling department may issue a wanted warrant for fugitive criminal suspects who should be arrested and pursue them. Bounty announcements can also be issued. The customs anti-smuggling department that captures a wanted person may detain him or her with a warrant. In order to prevent criminal suspects from escaping abroad, the customs anti-smuggling department can take border control measures at border ports in accordance with the law. (3) Compulsory measures According to legal provisions, the customs anti-smuggling department has the right to take the following compulsory measures to restrict or deprive criminal suspects of their personal freedom. 1. Summons: Based on the circumstances of the case, the customs anti-smuggling department may summon criminal suspects who need to be summoned, or criminal suspects who fail to show up without justifiable reasons after summons, to designated locations in the city or county where they are located for interrogation in accordance with the law. When summoning a criminal suspect, a "Certificate of Summons" must be produced. During the arrest process, restraint police equipment may be used in accordance with the law. The duration of a custodial summons shall not exceed twelve hours, and a criminal suspect shall not be detained in disguised form in the form of consecutive custodial summonses. 2. Release on bail pending trial: The customs anti-smuggling department may release criminal suspects on bail pending trial in accordance with legal provisions. Guarantee methods include guarantor guarantee and margin guarantee. The same criminal suspect shall not be ordered to provide a guarantor and pay a deposit at the same time. If a guarantor's guarantee is adopted, the guarantor must strictly perform the guarantee obligations stipulated by law. If the guarantor violates the regulations, the customs anti-smuggling department may impose a fine on the guarantor; if a crime is constituted, his criminal responsibility shall be investigated in accordance with the law. If the guarantor is dissatisfied with the fine decision, the guarantor may apply for a review by the higher-level customs anti-smuggling department within five days from the date of receipt of the "Decision on Fines for the Guarantor". If a security deposit is provided and the criminal suspect violates relevant regulations while on bail pending trial, the customs anti-smuggling department may decide to confiscate part or all of the security deposit in accordance with the law. The customs anti-smuggling department shall read the decision to confiscate the deposit to the criminal suspect within seven days. If the criminal suspect is dissatisfied with the confiscation decision, the criminal suspect may apply for a review by the superior customs anti-smuggling department within five days from the date of receipt of the "Decision on Confiscation of Security Deposit". If a criminal suspect does not violate relevant regulations while on bail pending trial, or does not need to be held criminally responsible according to law, the customs anti-smuggling department shall return the security deposit to the criminal suspect in full while releasing the suspect on bail pending trial. The maximum period of release on bail pending trial shall not exceed twelve months. 3. Residential surveillance: Customs anti-smuggling departments may place criminal suspects under residential surveillance in accordance with legal provisions. The place of residential surveillance can be the legal residence of the criminal suspect in the city or county where the customs anti-smuggling department is located, or it can be the living residence designated by the customs anti-smuggling department for the criminal suspect in the city or county where the customs anti-smuggling department is located based on the circumstances of the case. Customs anti-smuggling departments are not allowed to establish special places of residential surveillance to detain criminal suspects in disguise. Residential surveillance shall not be carried out in detention centers, administrative detention centers, detention rooms or other workplaces of the customs and anti-smuggling departments. During the period of residential surveillance, the customs anti-smuggling department may temporarily detain the criminal suspect's identity document and motor vehicle (boat) driving license.
If a criminal suspect violates relevant regulations during residential surveillance, the customs anti-smuggling department shall apply for approval for arrest in accordance with the law. The maximum period of residential surveillance shall not exceed six months. 4. Detention: The customs anti-smuggling department may detain criminal suspects in accordance with legal provisions. For detained persons, the customs anti-smuggling department shall interrogate them within twenty hours after detention. If it is found that he should not be detained, he should be released immediately. After detention, unless notification is not required according to regulations, the customs anti-smuggling department shall prepare a detention notice within 24 hours and deliver it to the detained person's family or unit. The maximum period of detention shall not exceed thirty days. If the detainee does not tell his true name, address, or whose identity is unknown, and cannot be identified within thirty days to apply for approval for arrest, the detention period shall be calculated from the date the identity of the detainee is verified with the approval of the person in charge of the anti-smuggling department at the customs. 5. Arrest According to legal provisions, with the approval of the People's Procuratorate, the customs anti-smuggling department may arrest criminal suspects in accordance with the law. When making an arrest, the arrest warrant must be presented to the arrestee. The number of investigators conducting arrests shall not be less than two. Those arrested must be interrogated within 24 hours after arrest. If it is found that they should not be arrested, they should be released immediately with the approval of the person in charge of the customs anti-smuggling department. After the arrest of a criminal suspect, unless notification is not required according to regulations, the customs anti-smuggling department shall prepare an arrest notice within 24 hours and deliver it to the arrested person's family or unit. The period of investigation and custody of a criminal suspect after arrest shall not exceed two months. For cases where the case is complex and the investigation cannot be concluded upon expiration of the time limit, the People's Procuratorate may be submitted to the People's Procuratorate for approval to extend the detention period. (4) Continued interrogation: The customs anti-smuggling department may conduct on-site interrogation, inspection and continued interrogation of persons suspected of violating laws and crimes in accordance with legal provisions. If it is indeed necessary to continue interrogating a person suspected of committing a crime or crime, he or she may be taken to the nearest police station of the Anti-Smuggling Bureau or Anti-Smuggling Branch for further interrogation. The time limit for continued interrogation shall generally not exceed twelve hours from the time the person being interrogated is brought to the police station of the public security organ, and may be extended to forty-eight hours under special circumstances. If a person suspected of committing a crime is approved to continue interrogation, a "Notice of Continued Interrogation" should be filled out and his family or unit should be notified immediately.