Article 117 People's procuratorates and public security organs may, according to the needs of investigating crimes, inquire about and freeze the deposits and remittances of criminal suspects in accordance with regulations. ?

If the deposits and remittances of criminal suspects have been frozen, they may not be frozen again. ?

Article 118 If the seized articles, documents, mails, telegrams or frozen deposits and remittances are found to be really irrelevant to the case, the seizure and freezing shall be lifted within three days and returned to the original owner or the original post and telecommunications office. ?

The relevant provisions of the measures of sealing up and freezing shall apply to the handling of criminal cases by public security organs.

Notice of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice, the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Agriculture, the People's Bank of China, the Forestry Bureau, the China Banking Regulatory Commission, the China Insurance Regulatory Commission and the Civil Aviation Administration on Printing and Distributing the Relevant Provisions on the Application of Seizure and Freezing Measures by Public Security Organs in Handling Criminal Cases?

Higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, people's procuratorates, public security departments and bureaus, national security departments and bureaus, judicial departments and bureaus, land and resources departments and bureaus, housing and urban-rural construction departments and bureaus, transportation departments and commissions, agriculture (fishery) departments, bureaus and commissions, forestry departments and bureaus, banking regulatory bureaus, securities regulatory bureaus and insurance regulatory bureaus; China People's Bank Shanghai Headquarters, branches, business management departments, provincial capital city center branches and sub-provincial city center branches; China Development Bank, policy banks, state-owned commercial banks, joint-stock commercial banks and China Postal Savings Bank; Regional Administration Bureau of Civil Aviation Administration of China; Xinjiang Uygur Autonomous Region Higher People's Court Production and Construction Corps Branch, Xinjiang Production and Construction Corps People's Procuratorate, Public Security Bureau, National Security Bureau, Judicial Bureau, Land and Resources Bureau, Construction Bureau, Transportation Bureau, Agriculture Bureau and Forestry Bureau:

In order to ensure the correct implementation of the Criminal Procedure Law of People's Republic of China (PRC), standardize the application of seizure and freezing measures by public security organs in handling criminal cases, strengthen legal supervision, and strengthen the cooperation between public security organs and relevant administrative supervision, economic management departments, financial institutions, securities companies and other units, the Ministry of Public Security, together with relevant departments and units, has studied and formulated the Relevant Provisions on the Application of Seizure and Freezing Measures by Public Security Organs in Handling Criminal Cases. Is issued to you, please local public security organs and relevant departments and units to seriously implement, problems encountered in the implementation, please report in a timely manner.

20 13 September 1

Article 1 In order to further standardize the application of seizure and freezing measures by public security organs in handling criminal cases, strengthen the legal supervision of people's procuratorates and protect citizens and laws.

The legitimate rights and interests of people and other organizations, to ensure the smooth progress of criminal proceedings, according to the Criminal Procedure Law of People's Republic of China (PRC), etc.

The relevant laws, regulations and rules are formulated.

Article 2 The public security organs shall, according to the needs of investigating crimes, seal up and freeze the property involved according to law, and the relevant departments, units and individuals shall provide assistance and cooperation.

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The term "property involved" as mentioned in these Provisions refers to all kinds of property and articles fixed by the public security organs in the process of handling criminal cases to prove the criminal suspect's guilt or innocence, including:

(a) Proceeds of crime and their fruits;

(2) Tools used to commit criminal acts;

(three) other property that can prove whether a criminal act has occurred and the seriousness of the crime.

Rule three. The seizure, freezing, storage and disposal of the property involved must be carried out in strict accordance with the statutory applicable conditions and procedures. Property irrelevant to this case shall not be sealed up or frozen. When sealing up or freezing the property involved, necessary living expenses and articles shall be reserved for the criminal suspect and his dependents.

It is strictly forbidden to seal up or freeze property before filing a case. For the request for sealing up or freezing made by overseas judicial and public security organs according to international treaties, agreements or the principle of reciprocity, relevant legal procedures can be handled according to the implementation notice of the Ministry of Public Security.

The seized or frozen property involved in the case shall not be disposed of before the end of the lawsuit, except that it should be returned to the victim according to law or it is found that it is really irrelevant to the case. Unless otherwise provided by laws and relevant regulations.

Article 4 If the property involved in the seizure or freezing involves state secrets, commercial secrets or personal privacy, it shall be kept confidential.

Chapter II Seal Inspection

Article 5 The public security organ may, according to the needs of investigating crimes, seal up real estate such as land and houses involved and specific movable property such as vehicles, ships, aircraft and large-scale machinery and equipment involved. When necessary, legal documents and documents proving their property ownership or related rights and interests may be seized together.

Seizure facilities, furniture and other related articles placed on real estate that need to be used as evidence; If it is not suitable for moving, it can be sealed together.

Article 6 Where the seizure of property involved requires the assistance of relevant departments such as land and resources, real estate management, transportation, agriculture, forestry, civil aviation, etc., it shall, with the approval of the person in charge of the public security organ at or above the county level, make a seizure decision and a notice of assistance in seizure, specify the seizure of property, the method of seizure and the duration of seizure, request the assistance of relevant departments, and promptly inform the relevant parties.

If the area and amount of land and houses involved are relatively large, it shall be approved by the person in charge of the public security organ at or above the municipal level with districts, and a seal-up decision and a notice of assistance in seal-up shall be made.

Article 7? The sealing-up period shall not exceed two years. At the expiration of the time limit, the seal can be renewed once, and the renewal shall be approved by the person in charge of the public security organ at or above the county level who originally made the decision on sealing up. Within five days before the expiration of the time limit, the decision on seizure and the notice of assistance in seizure shall be re-made and sent to the relevant departments for assistance. The longest renewal period shall not exceed one year.

If the case is serious and complicated, and it is really necessary to renew the seal, it shall be approved by the person in charge of the public security organ at or above the municipal level, and make a new sealing decision and a notice of assistance in sealing up within five days before the expiration of the time limit, and the maximum duration of each renewal shall not exceed one year.

If the expiration of the storage period fails to go through the renewal procedures, the storage will be automatically lifted.

The public security organ shall promptly inform the parties of the decision to renew the letter.

Fourteenth land resources, real estate management and other relevant departments of the land, housing and other real estate seized by the public security organs according to law, during the seizure period, shall not handle the alteration, transfer or mortgage, easement registration.

Fifteenth of the land, houses and other real estate that can be divided in accordance with the relevant provisions, only the part related to the case will be sealed up, and it will be clearly stated in the notice of assistance in sealing up; In accordance with the relevant provisions of the indivisible land, housing and other real estate involved, can be sealed up as a whole.

Sixteenth land resources, real estate management and other relevant departments. If the application for registration of the transfer of real estate involved in the land and house has been accepted when the Notice of Assistance in Attachment is received, but it is not recorded in the real estate register, it shall assist the public security organ in handling the registration of attachment.

Seventeenth the following houses without registration, the public security organs can be sealed up in accordance with the provisions:

(a) the real estate development enterprise involved has handled the pre-sale permit for commercial housing but has not yet sold the house;

(2) The house purchased by the criminal suspect and initially registered by the real estate development enterprise;

(3) The house purchased by the criminal suspect that has gone through the formalities of registration and filing of the pre-sale contract of commercial housing or the pre-sale registration and filing of commercial housing.

Eighteenth the effect of sealing up the above-ground buildings and the construction land use right within the occupied area, except that the construction land use right and the ownership of the above-ground buildings belong to different obligees.

Article 25 After receiving the notice from the public security organ to assist in freezing property, the relevant units shall immediately freeze the property involved and go through relevant procedures, and shall not shirk, delay or disclose relevant information. After the relevant units have gone through the freezing procedures, they can inform the parties when inquiring.

Article 26? The time limit for freezing deposits, remittances, securities trading settlement funds, futures deposits and other funds or other property such as investment rights and interests is six months. If it is necessary to extend the time limit, it shall be approved by the person in charge of the public security organ at or above the county level who made the original freezing decision, and continue to go through the freezing procedures within five days before the expiration of the freezing period. The maximum period of each freeze shall not exceed six months.

For major and complicated cases, the time limit for freezing deposits, remittances, securities trading settlement funds, futures deposits and other funds may be one year with the approval of the person in charge of the public security organ at or above the municipal level. If it is really necessary to extend the time limit, it shall, within five days before the expiration of the freezing period, go through the formalities for continuing the freezing in accordance with the original approval authority and procedures. The maximum period of each freeze shall not exceed one year.

The period for freezing bonds, stocks, fund shares and other securities is two years. If it is necessary to extend the work freeze period, it shall be approved by the person in charge of the public security organ at or above the county level who originally decided to freeze it, and go through the procedures for renewing the freeze within five days before the expiration of the freeze period. The maximum period of each freeze shall not exceed two years.

If the freezing period expires and the procedures for continuing freezing are not handled, the freezing will be automatically lifted.

Article 27? The amount frozen in the account concerned should be equal to the amount involved. Funds exceeding the amount involved shall not be frozen.

Article 28? The freezing of shares shall be approved by the person in charge of the public security organ at or above the municipal level, and the freezing of shares of listed companies shall be approved by the person in charge of the public security organ at or above the provincial level, and the company name, shareholder name, frozen amount or shares and other registered items shall be specified in the Notice of Assistance in Freezing Property. The time limit for freezing shares is six months. If it is really necessary to extend the time limit, it shall, within five days before the expiration of the freezing period, go through the formalities for continuing the freezing in accordance with the original approval authority and procedures. The maximum period of each freeze shall not exceed six months.

Article 29? The freezing of policy rights and interests shall be approved by the person in charge of the public security organ at or above the municipal level, and the period for freezing policy rights and interests shall be six months. If it is really necessary to extend the time limit, it shall, within five days before the expiration of the freezing period, go through the formalities for continuing the freezing in accordance with the original approval authority and procedures. The maximum period of each freeze shall not exceed six months.

If the interest of the frozen policy does not directly correspond to my account, I can freeze the account of the relevant beneficiary and ask the relevant unit for assistance, but I shall not change the beneficiary's account or harm the interests of a third party.

Life insurance, endowment insurance, compulsory insurance, motor vehicle third party liability insurance and other policies that provide basic protection shall not be frozen in principle. If freezing is really necessary, it shall be approved by the person in charge of the public security organ at or above the provincial level.

Article 30? The following accounts and funds shall not be frozen:

(1) Deposit reserves and reserve funds of financial institutions;

(2) Reserves of specific non-financial institutions;

(3) Close the special loan account (closed loan outstanding period);

(4) Commercial bill deposits;

(5) Securities investor protection fund, insurance guarantee fund and deposit insurance fund;

(six) special accounts for party dues and tour fees and centralized households for trade union funds;

(7) Social insurance funds;

(eight) basic living security funds for laid-off workers from state-owned enterprises;

(nine) housing provident fund and employee fund-raising housing account funds;

(ten) the execution account opened by the people's court;

(eleven) "special budget deposits", "special other deposits" and company accounts opened by the military and armed police forces;

(12) Bonds, stocks and loans pledged by financial institutions to the People's Bank of China;

(13) Securities registration and clearing institutions, interbank market trading institutions, centralized interbank market clearing institutions, interbank market registration and custody clearing institutions, gold trading institutions and clearing institutions established with the approval or consent of the State Council. And other specific stocks, bonds, bills, precious metals and other securities, which are collected and deposited into special clearing and settlement accounts according to business rules. In accordance with the business rules, financial institutions are required to register the guarantees provided by custody settlement participants, liquidation participants, investors or issuers, such as margin, liquidation funds, repurchase pledge, price difference guarantee, performance guarantee, etc., and pay the institutional customer reserve before the settlement or liquidation is completed.

(fourteen) other laws, administrative regulations, judicial interpretations, departmental rules and regulations shall not be frozen accounts and funds.

Article 35 After taking measures of sealing up or freezing, the public security organ shall promptly ascertain the facts of the case and dispose of the property involved within the statutory time limit.

If it is found that the seized or frozen property is really irrelevant to the case, it shall be dissolved within three days.

Article 36 A list of seized or frozen property and its fruits shall be made and handed over with the case. Physical objects 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 people's procuratorate needs to continue to seal up and freeze the property transferred with the case, it shall promptly notify the public security organ in writing to lift the original sealing up and freezing measures, and at the same time make a new sealing up and freezing decision according to law.

Article 37 If a people's procuratorate decides not to prosecute or lift the seizure or freezing of the property involved, the public security organ shall, within three days from the date of receiving the decision of the people's procuratorate not to prosecute and the notice of lifting the seizure or freezing of the property involved, lift the seizure or freezing of the property that is not suitable for transfer but has not been transferred with the case. If the procuratorial opinions put forward by the people's procuratorate to give administrative punishment or administrative punishment involve the seizure or freezing of the property involved, the public security organ shall promptly handle it or transfer it to the relevant administrative organ for handling, and inform the people's procuratorate of the handling results.

Article 38 If a public security organ decides to dismiss a case or terminate the investigation of a criminal suspect, it shall unfreeze the property involved in the investigation within three days from the date of making the decision, unless otherwise handled in accordance with laws and relevant regulations. If administrative treatment is needed, it shall be handled in a timely manner or handed over to the relevant administrative organs for handling.

Article 50 The public security organ shall strictly implement the relevant provisions, establish and improve the property management system involved, designate special departments, establish special ledgers, and strengthen the management and custody of the property involved. No unit or individual may occupy, misappropriate, privately divide, exchange, mortgage or use or dispose of the sealed-up or frozen property in violation of regulations, and if the sealed-up or frozen property is damaged or lost, it shall bear corresponding legal responsibilities.

Article 51? If a party, defender, agent ad litem or interested party commits one of the following acts against the public security organ and its investigators, it has the right to appeal or accuse the public security organ:

(a) to take measures to seal up and freeze the property irrelevant to the case;

(two) obviously beyond the scope of seizure and freezing of property;

(three) the seizure should be lifted, and the freeze has not been lifted;

(four) corruption, embezzlement, misappropriation, sharing, exchange, mortgage, pledge, and the use and disposal of seized or frozen property in violation of regulations.

The public security organ that accepts the complaint or accusation shall conduct investigation and verification in time, make a decision on handling the complaint or accusation within 30 days from the date of receiving it, and give a written reply to the complainant or accuser. If the public security organ and its investigators are found to have one of the above acts, they should be corrected immediately.

If the parties, their defense lawyers, agents ad litem and interested parties are not satisfied with the decision, they may appeal to the public security organ at a higher level or the people's court at the same level. If a public security organ at a higher level finds that a public security organ at a lower level has violated the provisions of the preceding paragraph or fails to handle complaints and accusations in accordance with the provisions, it shall order the public security organ at a lower level to make corrections within a time limit, and the public security organ at a lower level shall immediately implement them. When necessary, the public security organ at a higher level may directly make a decision on the complaint or accusation. If it is verified by the people's procuratorate, it shall notify the public security organ to correct it.

Article 52 If the public security organ applies the measures of sealing up and freezing in handling criminal cases, and the violation of relevant regulations leads to state compensation, it shall bear the corresponding liability for compensation, and recover part or all of the compensation expenses from the responsible personnel in accordance with the provisions of the State Compensation Law, and the departments and units assisting in execution shall not bear the liability for compensation.