In order to strengthen the management of the property involved, the Supreme People's Procuratorate has promulgated the Provisions of the People's Procuratorate on the Management of the Property Involved in Criminal Proceedings. I would like to give you some information about the provisions of the People's Procuratorate on the management of the property involved, hoping to help you. Regulations of the People's Procuratorate on the Management of Property Involved in Criminal Proceedings

Chapter I General Provisions

Article 1 In order to implement the requirements of the central authorities on standardizing the disposal of property involved in criminal proceedings, further standardize the management of property involved in criminal proceedings of the People's Procuratorate, improve the judicial level and the quality of handling cases, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these Provisions are formulated in accordance with the Criminal Law, the Criminal Procedure Law and the Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation) and in combination with the actual procuratorial work.

article 2 the property involved in criminal proceedings of the people's procuratorate as mentioned in these provisions refers to the property and fruits related to the case that the people's procuratorate seized, detained and frozen in the course of criminal proceedings, as well as the property and fruits received from other case-handling organs, including the illegal gains and fruits of criminal suspects, property used for crimes, contraband illegally held and other property and fruits related to the case.

article 3 all property illegally obtained shall be recovered or ordered to make restitution. The lawful property of the victim shall be returned in accordance with the relevant provisions. Contraband and property used for crimes shall be sealed up, detained and frozen and dealt with according to law.

article 4 the people's procuratorate shall seal up, detain, freeze, keep and handle the property involved in the case in strict accordance with the criminal procedure law, the criminal procedure rules of the people's procuratorate (for trial implementation) and other relevant provisions. No property irrelevant to the case may be sealed up, detained or frozen. Where the property is sealed up, detained or frozen, it shall be reviewed in a timely manner; If it is found that it has nothing to do with the case, it shall be dissolved and returned within three days, and the relevant parties shall be notified.

it is strictly forbidden to take sealing-up, seizure and freezing measures by false filing or other illegal means. If the illegal off-balance-sheet funds of the unit involved have nothing to do with the case, they may not be sealed up, detained or frozen, and may notify the relevant competent authorities or their superior units to deal with them.

when sealing up, distraining and freezing the property involved, the necessary living expenses and articles shall be reserved for the criminal suspect, defendant and their dependent relatives, so as to reduce the impact on the normal office, production and business activities of the unit involved.

article 5 it is strictly forbidden to seal up, detain or freeze property before filing a case. If the property suspected of committing a crime is found before filing a case and meets the conditions for filing a case, it shall be filed in time, and measures shall be taken to seal up, detain and freeze it, so as to preserve the evidence and prevent the property involved from being transferred or damaged.

if an individual or unit surrenders to the people's procuratorate with the property involved before filing a case, the people's procuratorate may accept it first according to the jurisdiction provisions, and issue a receipt to the surrenderer, and decide whether to seal up, detain or freeze it according to the filing and investigation.

after the people's procuratorate seals up, distrains or freezes the property involved, it shall promptly investigate the case, and may not cancel the case or stop the investigation of the case without setting reasons.

article 6 after a criminal suspect arrives at the case, if his relatives and friends are entrusted by the criminal suspect or take the initiative to return or compensate the property involved to the procuratorial organ, it shall be handled with reference to the relevant procedures of seizure, seizure and freezing in the Criminal Procedure Rules of the People's Procuratorate (Trial). If the relevant conditions are met, the people's procuratorate shall issue a decision on seizure, seizure and freezing, and the list shall be signed or sealed by the procurator, the person who returns or compensates on behalf of him and other personnel required by relevant regulations.

the person who returns or compensates on behalf of the criminal suspect shall indicate on the list whether he is entrusted by the criminal suspect or voluntarily returns or compensates on behalf of the criminal suspect.

article 7 the people's procuratorate implements the principle of separating the seizure, seizure, freezing and handling of the property involved from the custody of the property involved, and the case handling department and the case management, planning and financial equipment departments are responsible for the division of labor, cooperate with each other and restrict each other. The departments of investigation and supervision, public prosecution, accusation and prosecution, and criminal appeal and prosecution shall supervise the activities of the case-handling department such as sealing up, distraining, freezing, keeping and handling the property involved in the case in accordance with the Criminal Procedure Law and other relevant provisions.

The case-handling department is responsible for sealing up, detaining, freezing and disposing of the property involved in the case according to law, and managing the property involved in the case that is not transferred to the case management department or deposited in the only compliance account according to the provisions of Article 1, paragraph 2 and Article 12; The case management department is responsible for keeping the items involved transferred by the case-handling department and other case-handling organs, and supervising and managing the work of sealing up, distraining, freezing and handling the property involved in accordance with relevant regulations; The Planning Finance and Equipment Department is responsible for the management of the impounded funds deposited in the sole compliance account.

the supervisory department of the people's procuratorate shall supervise the work of sealing up, distraining, freezing, keeping and handling the property involved in the case in accordance with relevant regulations.

article 8 when the people's procuratorate seals up, distrains, freezes and handles the property involved, it shall use the legal documents uniformly formulated by the Supreme People's Procuratorate, and the forms must be standardized and complete. It is forbidden to seal up, detain, freeze or dispose of the property involved by using documents that do not meet the requirements.

article 9 the seizure, seizure, freezing, storage and disposal of property involving state secrets, commercial secrets and personal privacy shall strictly abide by the relevant confidentiality provisions.

chapter ii transfer and receipt of the property involved

article 1 after the case-handling department of the people's procuratorate seals up, distrains and freezes the property involved and the fruits thereof, it shall handle it in a timely manner according to the following circumstances, which shall not exceed three days at the latest, unless otherwise stipulated by laws and relevant regulations:

(1) deposit the seized money into a unique compliance account;

(2) Send the seized articles, relevant certificates of rights, payment vouchers and cash with certain characteristics that can prove the case to the case management department for storage;

(3) Submit the list of the seized, detained and frozen property and the deposit certificate of the detained money in the only compliance account to the case management department for registration; The case management department shall copy and save the deposit certificate and send the original to the planning and financial equipment department.

if the seized money or articles cannot be deposited into the unique compliance account or sent to the case management department for safekeeping on time due to special reasons, they may be temporarily kept by the case management department with the approval of the procurator-general, and be deposited or handed over in time after the reasons are eliminated, but the seizure list, relevant certificates of rights and payment vouchers shall be sent to the case management department for registration and safekeeping within the time limit specified in the first paragraph of this article.

Article 11 When receiving the property or list involved in the case transferred by the case-handling department of the People's Procuratorate, the case management department shall examine whether it meets the following requirements:

(1) There is a written decision on filing a case, corresponding legal documents of seizure, seizure and freezing, and a list of seizure and seizure, and it is standardized and complete and meets the relevant requirements;

(2) The transferred property conforms to the list;

(3) The list of seized goods transferred has indicated the main features of the seized property in accordance with the relevant provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial);

(4) The transferred foreign currency, gold, silver and jewels, cultural relics, precious calligraphy and paintings, and other valuables that are difficult to distinguish authenticity have been sealed in accordance with the provisions on seizure in the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation), and the prosecutors, witnesses and the holders of the seized articles have signed or sealed the sealing materials, and if they are authenticated, a copy of the appraisal opinions is attached;

(5) The transferred payment vouchers such as passbooks, credit cards and negotiable securities and the cash with certain characteristics that can prove the case have been sealed in accordance with the provisions on seizure in the Criminal Procedure Rules of the People's Procuratorate (for Trial Implementation), indicating the characteristics, number, type, face value, number of sheets, amount, etc., and the sealing materials are signed or sealed by the prosecutors, witnesses and the holders of the seized items;

(6) The transferred seizure list has been marked with the detailed address and relevant features of the relevant property in accordance with the provisions on seizure in the Criminal Procedure Rules of the People's Procuratorate (Trial), with the signatures or seals of the prosecutors, witnesses and holders, indicating whether the photos or videos have been taken and whether the right certificate has been seized, indicating that the property will be kept by the case-handling department or handed over to the holder or his close relatives after being seized, and indicating that a copy of the seizure decision has been delivered to the relevant property registration and management departments.

Article 12 The following property involved in the case sealed up and detained by the case-handling department of the People's Procuratorate shall not be transferred to the case management department for safekeeping, and shall be properly managed by the case-handling department after taking photos or videos, or shall be disposed of in a timely manner in accordance with relevant regulations:

(1) The sealed real estate, facilities that cannot be moved on the real estate, and vehicles, ships, aircraft, large machinery and equipment involved, In a timely manner, the relevant certificates of rights shall be seized in accordance with the provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial) on seizure and seizure, and a copy of the seizure decision shall be served to the relevant registration and management departments, and they shall be informed that it is forbidden to go through the formalities of alteration and transfer registration of ownership relations such as mortgage, transfer and sale during the seizure period;

(2) Precious cultural relics, precious animals and their products, rare plants and their products shall be transferred to the competent authorities in accordance with relevant state regulations;

(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 without authorization;

(4) transfer explosive, flammable, radioactive, toxic and corrosive dangerous goods to relevant departments in time or entrust relevant competent authorities to keep them properly according to the needs of handling cases;

(5) Articles that are easily damaged, lost or deteriorated and that are not suitable for long-term preservation, cars, boats and other articles that are easily devalued, can be sold and auctioned in advance by the relevant departments with the consent or application of the obligee and the approval of the procurator-general, and the proceeds can be deposited into a unique compliance account. The advance sale and auction shall be open and fair.

if the case-handling department of the people's procuratorate refuses to transfer the property involved to the case management department for safekeeping in accordance with the provisions of the preceding paragraph, it shall send the list of seizure and seizure, relevant rights certificates and payment vouchers to the case management department for registration and safekeeping in accordance with the provisions of the first paragraph of Article 1 of these Provisions.

article 13 if the case management department of the people's procuratorate receives the property involved in the case transferred by other case-handling organs, it shall review and handle it with reference to the provisions of articles 11 and 12 of these provisions.

if the transferred articles, certificates of rights, payment vouchers and cash with certain characteristics that can prove the case meet the requirements after examination, the case management department shall receive them and put them in storage. The money involved in the transfer shall be deposited into the only compliance account designated by the procuratorial organ by other case-handling organs, and the case management department shall register the transfer voucher and contact the planning, finance and equipment department for verification. If other case-handling organs directly transfer cash, the case management department can inform them to deposit it in the designated unique compliance account, or contact the planning finance and equipment department to count, receive and timely deposit it in the unique compliance account. The planning and financial equipment department shall send a copy of the receipt voucher to the case management department for registration within three days after receiving the payment.

if the case management department, after consulting with the public prosecution department, considers that the relevant physical objects transferred with the case when transferred by other case-handling organs for examination and prosecution are unsuitable for transfer, it may only accept lists, photos or other supporting documents in accordance with the provisions of the first and second paragraphs of Article 234 of the Criminal Procedure Law. When necessary, the case management department of the people's procuratorate may communicate and negotiate with the public prosecution department and other relevant departments of the case-handling organs to determine the physical objects that will not be transferred with the case.

Article 14 The case management department shall designate special personnel to be responsible for the receipt, management and relevant information entry of the property involved.

Article 15 The case management department generally does not open the sealed property involved. If the transfer department or case management department thinks it is necessary to unseal, the transfer personnel and the receiving personnel will unseal, inspect and reseal together, and video the whole process. The property involved in the case that should be sealed according to the provisions of the Criminal Procedure Rules of the People's Procuratorate (Trial), when unsealed, inspected and resealed, witnesses, holders or unit leaders should be present and sign or seal in accordance with the regulations.

article 16 the case management department shall sign the transfer list, make the warehousing list and go through the warehousing procedures if it considers that the received property, list and other relevant materials involved in the case meet the requirements. If it does not meet the requirements, it shall inform the transfer unit of the reasons, and the transfer unit shall timely supplement the relevant materials, or make corrections or make reasonable explanations in accordance with relevant regulations.

chapter iii custody of the property involved

article 17 the people's procuratorate shall truthfully register the property involved and the fruits thereof that have been sealed up, detained or frozen, and keep them properly.

article 18 the planning, finance and equipment department of the people's procuratorate shall set up detailed accounts for the seized funds and their fruits on a case-by-case basis, and strictly follow the procedures for payment and receipt.

the planning finance and equipment department shall regularly check the funds of the only compliant account to ensure that the accounts are consistent with the facts.

article 19 the case management department shall set up accounts and cards for the items received, with one account for each case and one card (code) for each item. For valuables and small articles, bags, parts, boxes, cards and storage shall be carried out according to the types of articles.

the case management department shall regularly check the articles involved to ensure that the accounts are consistent with the facts.

Article 2 The special storage place for articles involved in the case shall meet the following requirements:

(1) Install anti-theft doors and windows, iron cabinets, alarms and monitors;

(2) Equipped with necessary storage compartments, boxes, bags and other equipment and facilities;

(3) Equipped with necessary equipment and facilities such as dehumidification, temperature adjustment, sealing, mildew prevention and decay prevention;

(4) Equipped with necessary measuring, identification and identification equipment and facilities;

(5) If it is necessary to store electronic storage media, it shall be equipped with antimagnetic cabinet;

(6) other necessary equipment and facilities. Twenty-first people's Procuratorate case handling department personnel need to check and temporarily call the property involved, it shall be approved by the person in charge of the case handling department; If it is necessary to transfer or dispose of the property involved, it shall be approved by the attorney general. If the examination and approval procedures are complete, the case management department shall go through the inspection and outbound procedures and register carefully.

if the sealed property involved in the case needs to be unpacked during inspection, delivery and return, the requirements in Article 15 of these Provisions shall be observed.

Chapter IV Disposal of Property Involved

Article 22 The property involved in the case that has been sealed up, detained or frozen and the fruits thereof shall not be turned over to the state treasury or otherwise disposed of before the end of the proceedings, unless it is returned to the victim in accordance with the relevant provisions or is found to be really irrelevant to the case. Unless otherwise provided by laws and relevant regulations.

in the course of litigation, the return of the legal property of the victim with clear ownership will not harm the interests of other victims or interested parties, and will not affect the lawsuit.