Current location - Trademark Inquiry Complete Network - Futures platform - Provisions on the refund of frozen funds for fraud
Provisions on the refund of frozen funds for fraud
Legal analysis: Need specific analysis. According to the laws of our country, if it is found that it has nothing to do with the case, the seizure, seizure and freezing will be lifted within three days and returned. Under normal circumstances, the time limit for public security organs to handle criminal cases to freeze deposits, remittances, securities trading settlement funds, futures deposits and other property is six months; The people's court shall not freeze the bank deposits and other funds of the person subjected to execution for more than six months.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 145

If the seized or detained property, documents, mails, telegrams or frozen deposits, remittances, bonds, stocks, fund shares and other properties are found to be really irrelevant to the case, the seizure, seizure and freezing shall be lifted within three days and returned.

Article 300

After hearing the case, the people's court shall, in addition to returning the victim according to law, order the confiscation of illegal income and other property involved; If it does not belong to the property that should be recovered, the application shall be rejected and the measures of sealing up, seizure and freezing shall be lifted.

The criminal suspect, the close relatives of the defendant and other interested parties or the people's procuratorate may appeal or protest against the ruling made by the people's court in accordance with the provisions of the preceding paragraph.

Procedures for handling criminal cases by public security organs

Article 243

The time limit for freezing deposits, remittances, securities trading settlement funds, futures deposits and other property is six months. The maximum period of each freeze shall not exceed six months.

For major and complicated cases, with the approval of the person in charge of the public security organ at or above the municipal level, the time limit for freezing deposits, remittances, securities trading settlement funds, futures deposits and other property can be one year. The maximum period of each freeze shall not exceed one year.

The Supreme People's Court's Applicable Interpretation

Article 487 The time limit for the people's court to freeze the bank deposits of the person subjected to execution shall not exceed one year, the time limit for sealing up or distraining movable property shall not exceed two years, and the time limit for sealing up immovable property and freezing other property rights shall not exceed three years.

Where the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of continuing the seizure, seizure and freezing before the expiration of the time limit, and the extension period shall not exceed the time limit specified in the preceding paragraph.

The people's court may also handle the formalities of continued sealing up, seizure and freezing ex officio.