the Supreme People's Procuratorate
Provisions of the People's Procuratorate on Seizure and Freezing of Money and Articles Involved in the Case
Notice on Issuing the Provisions of the People's Procuratorate on Seizing and Freezing the Money and Articles Involved in the Case
People's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, military procuratorates and people's procuratorates of Xinjiang Production and Construction Corps:
The Provisions of the People's Procuratorate on the Seizure and Freezing of Money and Articles Involved in the Case was adopted at the 33rd meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on April 7, 20 10, and is hereby printed and distributed to you, please implement it carefully.
the Supreme People's Procuratorate
20 10 may 9
Chapter I General Principles
Article 1 These Provisions are formulated in accordance with the Criminal Law, the Criminal Procedure Law and other relevant provisions in order to standardize the work of people's procuratorates in seizing and freezing money and materials involved, improve the level of law enforcement and the quality of handling cases, and protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 The term "seized and frozen money and articles involved in the case" as mentioned in these Provisions refers to the illegal gains seized and frozen by people's procuratorates in the process of exercising procuratorial power according to law, money and articles related to crimes, tools for committing crimes and contraband illegally held.
The property and fruits obtained by criminal suspects and defendants in committing illegal and criminal acts are illegal gains.
Article 3 Illegally acquired property shall be recovered or ordered to make restitution. The lawful property of the victim shall be returned in time according to law. Contraband and property used in crimes shall be seized, frozen and disposed of according to law.
Article 4 The seizure, freezing, storage and handling of the money and materials involved by the people's procuratorate must be carried out in strict accordance with the law. It is strictly forbidden to seize or freeze money and materials by false declaration or other illegal means. If the unit involved sets up off-balance-sheet funds without permission but has nothing to do with the case, it may not be sealed up or frozen, and it may notify the relevant competent department or its superior unit to handle it. It is strictly forbidden to seal up or freeze legal property unrelated to the case.
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 a 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.
The seizure and freezing of the money and materials involved in the case shall not affect the normal office, production and business activities of the unit as far as possible.
Article 7 The People's Procuratorate shall implement the principle of separation of seizure, freezing and custody of funds and materials, and the accounts must be consistent.
Article 8 The people's procuratorate shall seize, freeze, keep and handle the money and materials involved, and implement the principle of division of responsibilities and mutual restraint between the case-handling department and the custody department, and accept the supervision of investigation and supervision, public prosecution, letters and visits, discipline inspection and supervision and other departments.
Article 9 When the people's procuratorate seizes, freezes, keeps and handles the money and materials involved, it shall inform the parties concerned or their close relatives in writing that they have the right to lodge a complaint in accordance with the provisions.
If the parties, other directly interested parties or their close relatives think that the seizure, freezing, storage and handling of the money and articles involved by the people's procuratorate infringe upon their legitimate rights and interests or violate the law, they may complain to the people's procuratorate or directly to the people's procuratorate at the next higher level. The people's procuratorate that receives the complaint shall conduct a timely review in accordance with the relevant provisions, and make a handling and reply.
After the end of criminal proceedings, if the parties think that the people's procuratorate illegally seized or frozen the money and materials involved and applied for criminal compensation, the appeal procedure that has not yet ended shall be ended, and the department responsible for handling the appeal shall hand over the relevant materials to the criminal compensation department.
Article 10 The people's procuratorate shall accept the supervision of the people's supervisor in accordance with the provisions when seizing, freezing, keeping and handling the money and materials involved.
Article 11 The people's procuratorate shall use the legal documents uniformly formulated by the Supreme People's Procuratorate to detain, freeze and handle the money and materials involved, and the forms must be standardized and complete, and the document stubs must be complete.
It is forbidden to use the "confiscation decision", "punishment decision" and other documents that do not meet the requirements to seize, freeze or deal with the money and materials involved.
Article 12 The seizure, freezing, storage and disposal of money and materials involving state secrets, commercial secrets and personal privacy shall strictly abide by the relevant confidentiality provisions. Chapter II Procedures for Seizuring and Freezing Money and Articles Involved in the Case
Article 13 The seizure and freezing of money and materials involved in the case shall be reported to the procurator-general for approval and executed by two or more procurators.
Article 14 All kinds of articles found during on-site investigation, search, detention and arrest that can prove the criminal suspect's guilt or innocence, as well as illegal contraband that may be illegal gains, shall be seized; Do not detain people who have nothing to do with the case. 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 Procurators shall count, take photos or videos together with the witnesses present and the holders of the seized money and goods, and make a list of the seized money and goods in quadruplicate, indicating the main features of the seized money and goods, such as name, model, specification, quantity, quality, color, recency and packaging, which shall be signed or sealed by the procurators, 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 title 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 sealed-up (sealed up on the spot) list shall be made in quadruplicate, indicating the detailed address and relevant characteristics of the relevant items, and indicating the property right certificate that has been photographed or videotaped and seized, which shall be 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.
Eighteenth case handling departments to seize and freeze the following funds and materials, shall make corresponding treatment:
(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 sealed up and frozen in advance, 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 a criminal suspect is detained or arrested, if his relatives and friends are entrusted by the criminal suspect or take the initiative to 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.
Twenty-first of the seized and frozen funds and materials, the case handling department shall timely review. 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 handle the money and materials involved, they may put forward rectification opinions according to law.
Chapter III Custody of Seizure and Freeze of Money and Articles Involved in the Case
Article 23 The people's procuratorate shall truthfully register and properly keep the seized and frozen money and goods involved and their fruits.
Article 24 The department in charge of financial equipment of the People's Procuratorate is the department in charge of seizing money and materials, and is responsible for the unified management of the seized money and materials. Unless otherwise provided by laws and relevant regulations.
Article 25 After the case-handling department impounds the money and materials, it shall hand them over to the competent department within three days, and attach a list of impoundments. If it cannot be handed over on time due to special reasons, it may be temporarily kept by the case-handling department with the approval of the procurator-general, and handed over in time after the reasons are eliminated.
Twenty-sixth the following seized funds and materials can not be handed over to the management department of our hospital, and the case-handling department will take photos or videos and deal with them in time according to the relevant regulations:
(1) Real estate, production equipment or other property that is inconvenient or unnecessary to be extracted may be entrusted to the holder or his close relatives for safekeeping in accordance with the provisions of Article 17 of these Provisions;
(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;
(3) Drugs, obscene articles and other contraband shall be promptly transferred to the relevant competent authorities, or strictly sealed according to the needs of handling cases, and shall not be used or spread;
(four) the explosive, flammable, radioactive, toxic, corrosive and other dangerous goods, according to the needs of handling cases in a timely manner to the relevant departments or entrust the relevant competent departments for safekeeping;
(five) for items that are easy to be damaged, lost, deteriorated, etc., which are not suitable for long-term preservation, after the approval of the procurator-general, the relevant departments may be entrusted to auction or sell them in time;
(six) the confidential electronic equipment, documents and other items of the unit can be sealed up and handed over to the unit that keeps the detained items.
Article 27 When handing over the seized money and goods to the administrative department, the case-handling department shall specify the name, specifications, characteristics, quality, quantity or cash amount of the goods, and issue the formalities required in Article 18 of these Provisions. The management department shall conduct on-site inspection, and if it does not meet the requirements, it shall require the case-handling department to correct it immediately; In line with the provisions, it shall sign the transfer list and issue a receipt to the case handling department.
Article 28 A detailed account shall be set up for the seized money and materials one by one, which shall be deposited into the special account of the designated bank in time, and the procedures for receipt and payment shall be strict.
Twenty-ninth seized objects should be set up with accounts and cards, one account for each case and one card for each object.
For small items, the case-handling department can set up cards in bags, parts and boxes according to the types of items.
Thirtieth seized articles shall be set up in special storage places that meet the safety requirements of fire prevention, theft prevention, moisture prevention and dust prevention, and equipped with necessary metering and storage equipment. Strict seal registration and warehousing procedures. Managers should regularly check the seized funds and materials to prevent misappropriation, loss and damage.
Thirty-first, in order to verify the evidence, it is necessary to temporarily transfer the seized money and materials, which shall be approved by the procurator-general. When unsealing the sealed money and materials, the case-handling department and the management department shall send personnel to be present at the same time, and the witness or holder shall be present to conduct face-to-face inspection. When returned, it should be resealed and accepted by the management. The management department should register incoming calls and calls back.
Chapter IV Handling of Seizure and Freezing of Money and Articles Involved in the Case
Article 32 The seized or frozen money and materials shall not be disposed of before the end of the lawsuit, except that they shall be returned to the victim according to law or found to be really irrelevant to the case. Unless otherwise provided by laws and relevant regulations.
The obligee applies for selling the stocks, bonds, funds, warrants, futures, warehouse receipts and gold that have been sealed up or frozen. , does not harm the interests of the state and the victim, does not affect the normal proceedings, with the approval of the attorney general or the decision of the procuratorial committee, it can be sold according to law before the end of the case, and the proceeds will be kept by the management department.
The seizure and freezing of bills of exchange, promissory notes and checks shall be handled within the validity period. With the approval of the procurator-general or the decision of the procuratorial committee, the proceeds shall be kept by the administrative department, and the parties concerned or their close relatives shall be informed in writing in time.
Article 33 The handling of the seized or frozen money and materials involved in the case shall be proposed by the case-handling department and reported to the procurator-general for decision. The administrative department responsible for keeping, detaining and freezing the money and materials involved shall handle the relevant handling procedures in conjunction with the handling department.
If a case transferred by a people's procuratorate to another organ needs to be transferred with the case, it shall be handled in accordance with the provisions of the preceding paragraph.
Article 34 If a case is decided to be dismissed, the investigation department shall specify the results of handling the seized or frozen money and materials involved in the case in the written decision to dismiss the case. If the illegal gains seized need to be confiscated, it shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. If it is necessary to return the original owner or the victim, the seizure and freezing shall be lifted and returned directly.
If the case is cancelled due to the death of a criminal suspect, and the victim's frozen deposits and remittances should be confiscated or returned according to law, it may apply to the people's court for a ruling to notify the financial institution that has frozen the suspect's deposits and remittances to turn them over to the state treasury or return them to the victim; If the case is revoked for other reasons, the freezing institution shall be directly notified to turn it over to the state treasury or return it to the victim. If it is necessary to return the criminal suspect, it shall be thawed and returned to the criminal suspect or his legal heir.
Article 35 When transferring for examination and prosecution, the investigation department shall put forward opinions on the handling of the seized and frozen money and materials involved in the case in the Investigation Final Report and the Opinion on Transfer for Examination and Prosecution, and indicate the whereabouts of the money and materials and store them in the case file.
When examining a case, the public prosecution department shall examine the list of money and goods involved in the seizure and freezing and the handling opinions of transferring them with the case. If the reconciliation is inconsistent, the investigation department shall be required to verify and correct it. If it is considered that it should not be seized or frozen after examination, the public prosecution department shall put forward handling opinions and report to the chief procurator for approval, then the seizure and freezing shall be lifted and returned to the original owner or the victim.
Thirty-sixth cases decided not to prosecute, the public prosecution department shall specify in the decision not to prosecute the results of the seizure and freezing of the money and property involved. If it is necessary to confiscate the illegal income of the non-prosecutor, it shall put forward procuratorial opinions and transfer them to the relevant competent authorities together with the decision on non-prosecution. If it is necessary to return the original owner or the victim, the seizure and freezing shall be lifted and returned directly.
Thirty-seventh cases of public prosecution, the public prosecution department shall specify in the indictment the handling of the seized and frozen money and materials involved. The seized articles as evidence shall be transferred with the case. If it is not suitable for transfer, the list, photos or other supporting documents shall be transferred with the case.
If the criminal suspect's funds frozen by the people's procuratorate exist in a financial institution, the certificate issued by the financial institution shall be transferred to the people's court with the case.
If the money and goods involved are not handed over according to law, they will be turned over to the state treasury according to the notice of the people's court after the people's court makes an effective judgment.
The people's procuratorate shall deal with the seized and frozen money and materials in strict accordance with the effective judgments and rulings of the people's courts. Seizure and freezing of money and materials not identified in the indictment and money and materials identified in the indictment but not identified in the judgment or ruling of the people's court shall be handled with reference to the provisions of Articles 36 and 40 of these Provisions.
Article 38 If a criminal suspect dies in the process of examination and prosecution, and his frozen deposits and remittances should be confiscated or returned to the victim according to law, he may apply to the people's court for a ruling to notify the financial institution that has frozen the deposits and remittances of the criminal suspect to turn them over to the state treasury or return them to the victim. If it is necessary to return the criminal suspect, it shall be thawed and returned to his lawful heir.
Article 39 After a people's procuratorate makes a decision to dismiss a case or not to prosecute, or receives an effective judgment or ruling from a people's court, it shall, within 30 days, deal with the seized or frozen money and materials according to law, and make a report on the handling of the seized or frozen money and materials, detailing the source and destination of each money and materials, with copies of relevant legal documents attached, and submit it to the procurator-general for examination and filing. Under special circumstances, it may be extended for 30 days upon the decision of the chief procurator.
Article 40 The people's procuratorate shall promptly return the seized or frozen money and articles involved in the case that, after examination, belong to the legal property of the victim and do not need to be presented in court. After the end of the lawsuit, if it is found that the legal property belongs to the criminal suspect, non-prosecutor or defendant, it shall be returned in time. The donee shall sign or seal the list of returned money and materials. The returned items list and photos should be attached to the file.
Article 41 If the seized or frozen money and goods that should be returned to the victim are unclaimed, an announcement shall be made. If the announcement is unclaimed for one year, it shall be turned over to the state treasury according to law.
If unclaimed funds and materials are 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 refunding or returning them. If the original has been auctioned or sold, the price shall be returned.
Article 42 The money and articles seized or frozen for the crime of embezzlement and misappropriation of public funds shall be returned to the restoration unit, except those turned over to the state treasury by the court according to law. If the original unit does not exist or the funds that have been embezzled and misappropriated have been written off as losses, they shall be turned over to the state treasury.
Article 43 When handling the seized or frozen money and materials, the people's procuratorate shall make a decision on the handling of the seized or frozen money and materials, and send it to the parties concerned or their close relatives, and the parties concerned or their close relatives shall sign or seal the handling list. If the parties concerned or their close relatives do not sign, it shall be indicated on the disposal list. The disposal of funds and materials sealed up or frozen by the unit shall be signed and sealed by the relevant person in charge of the unit. If the person in charge of the unit does not sign, it shall be indicated on the disposal list.
Forty-fourth seized or frozen money and materials involved in the case 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, Inspection and Accountability
Article 45 The discipline inspection and supervision department of the People's Procuratorate shall, jointly with other relevant departments of our hospital, regularly inspect the seizure, freezing, storage and handling of the money and materials involved. Check at least once a year.
After the relevant legal documents of the people's procuratorate's seizure, freezing, sealing and handling of the money and materials involved are delivered or produced, the case-handling department shall send a copy of the legal documents to the discipline inspection and supervision department of our hospital within five days. The discipline inspection and supervision department shall conduct a timely review, and if it considers it illegal, it shall promptly put forward rectification opinions; When necessary, report to the chief procurator for handling or report to the discipline inspection and supervision department of the people's procuratorate at the next higher level.
The discipline inspection and supervision department of the people's procuratorate at a higher level shall supervise the seizure, freezing, storage and handling of the money and materials involved by the people's procuratorate at a lower level, and conduct inspections in conjunction with relevant departments in due course.
Article 46 When the post of the People's Procuratorate, which has the right and responsibility to detain, freeze, keep and handle the money and materials involved in the case, changes, its subordinate departments shall, in conjunction with the discipline inspection and supervision, financial equipment and other departments of our hospital, inspect the seized and frozen money and materials and handle the handover procedures.
Article 47 If any staff member of a people's procuratorate violates these provisions in the seizure, freezing, storage and handling of money and materials involved, he shall be investigated for responsibility in accordance with the disciplinary provisions of public prosecutors. If a crime is constituted, criminal responsibility shall be investigated according to law.
If violation of regulations leads to state compensation, it shall recover part or all of the compensation expenses from the responsible personnel in accordance with the provisions of the State Compensation Law.
Chapter VI Supplementary Provisions
Article 48 The seizure, freezing, storage and disposal of the money and goods involved transferred by other organs to the people's procuratorate with the case shall be carried out in accordance with these Provisions.
Forty-ninth the expenses paid for the custody, appraisal, valuation and announcement of the seized and frozen funds and materials shall be included in the funds of the people's procuratorate for handling cases, and shall not be charged to the parties.
Article 50 A people's procuratorate with a case management department may, in accordance with relevant regulations, determine the responsibilities and division of labor of the case management department, the discipline inspection and supervision department and the financial equipment department in the custody, handling and supervision of seized and frozen funds and materials.
Article 51 The criminal suspects, defendants and victims mentioned in these Provisions include natural persons and units.