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Basis for freezing Article 144 of the Criminal Procedure Law

Criminal Procedure Law of the People's Republic of China as revised in p>218 Article 144 People's procuratorates and public security organs may, according to the needs of investigating crimes, inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects in accordance with regulations. The relevant units and individuals shall cooperate.

if a criminal suspect's deposits, remittances, bonds, stocks, fund shares and other properties have been frozen, they may not be frozen again.

provisions on freezing the criminal procedure law

(1) Whether the sealing-up and seizure authorities transfer the sealing-up and seizure list with the case, and attach the original photos and sealing procedures, indicating the storage location, etc.;

(2) Whether the photos, lists and vouchers (photocopies) of the perishable, moldy and difficult-to-keep articles are transferred with the case after they are sold by the sealing and detaining authorities;

(3) Whether firearms, ammunition, highly toxic substances, inflammable and explosive substances, other contraband and dangerous substances are transferred to the original photos and lists with the case after being disposed of by the seizure and detention authorities according to relevant regulations.

if the above-mentioned physical objects that are not suitable for transfer should be appraised and valued according to law, it should also be checked whether the appraisal and evaluation opinions are attached.

if the sealed-up or detained currency and securities have not been transferred, it shall be checked whether the original photos, lists or other supporting documents are attached.

What are the provisions of the new Criminal Procedure Law to lift the freeze?

First of all, we must understand the purpose of freezing. Freezing is generally a measure for the people's court to control the property of the defendant or the person subjected to execution during preservation or execution. If the plaintiff loses the case and the judgment rejects the plaintiff's claim, then it is meaningless for the plaintiff to apply for freezing the defendant's property, and the court will lift the freezing; If the executor applies for enforcement, and the debtor repays the debt or reconciles with the executor, there is no need to continue the freezing, and the court will also lift the freezing. In addition, if the person subjected to execution does not pay, the court will deduct the frozen property and execute it to the applicant.

the freezing time is six months; There are two kinds of thawing: due thawing and early thawing by the judge. If the corresponding obligations have been fulfilled, the plaintiff and the court can be urged to thaw as soon as possible.

legal basis

article 144 objection to the decision of the public security organ not to sue. if the people's procuratorate decides not to prosecute a case transferred by the public security organ, it shall serve the decision of not to prosecute on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration.