One question per day in the 29 judicial examination (29-3-17)

Which of the following options is correct about the handling of seizure, seizure and freezing of property in criminal proceedings? a. Zhang San stole a TV set from Li Si, and the public security organ returned the TV set to Li Si during the investigation.

B. Wang Wu was accused of drug trafficking, and the heroin used as evidence should be transferred to the court for cross-examination.

C. Ma Liu was accused of accepting bribes, but some gold bars were not transferred with the case. After the judgment came into effect, according to the court's notice, the gold bars were turned over to the state treasury by the procuratorate that sealed up and detained them.

D. Niu Qi was suspected. [answer]? AC

? [test site]? Handling of sealed-up, distrained and frozen property

? [resolution]? According to Article 198 of the Criminal Procedure Law: "The public security organs, people's procuratorates and people's courts shall properly keep the seized and frozen property of criminal suspects and defendants and the fruits thereof for verification. No unit or individual may misappropriate or dispose of it by itself. The lawful property of the victim shall be returned in time. Prohibited crystals or articles that are not suitable for long-term preservation shall be disposed of in accordance with the relevant provisions of the state ... "The TV set in option A belongs to the legal property of the victim Li Si, and the public security organ shall return it to Li Si in time, so option A is correct.

? According to Article 219 of the Procedures for Handling Cases by Public Security Organs, the following articles and documents that are not suitable for transfer are not kept with the volume, but should be photographed and stored in the volume. The original articles are properly kept by the public security organs or transferred to the competent authorities for disposal or destruction in accordance with relevant state regulations: (1)** articles; (2) Weapons and ammunition, controlled knives, inflammable, explosive, toxic, radioactive and other dangerous goods; (3) opium, heroin, morphine, ice, marijuana and other drugs, as well as raw materials or preparations and controlled drugs; (4) Leaflets, slogans, letters and other propaganda crystals that endanger national security; (5) Secret documents, charts and data; (6) Precious cultural relics, precious animals and their products, rare plants and their products; (7) Other bulk items that are inconvenient to carry. Therefore, the statement that option B "heroin used as evidence should be transferred to court with the case for cross-examination" is wrong.

? Article 291 of the Interpretation of Criminal Procedure stipulates: "When accepting a case, the people's court shall examine whether the following physical objects are attached with relevant evidential materials ... (3) After contraband, guns and ammunition, inflammable and explosive articles, toxic substances and other dangerous goods are disposed of by the seizure organ in accordance with the relevant provisions of the state, the photos and list of the original objects shall be transferred with the case. If the seized or detained currency and securities are not transferred according to law, the people's court shall examine whether the original photos, lists or other supporting documents are attached when accepting the case. " "A number of gold bars" in option C may not be transferred according to law as the physical objects that should not be transferred with the case. According to Article 293 of the Interpretation of Criminal Procedure: "If the seized and detained illegal money and stolen goods are not transferred according to law, after the people's court makes an effective judgment, the people's court that originally tried will notify the seizure and seizure organ to turn them over to the state treasury ..." The above content is also stipulated in Article 48 of the Provisions of Six Organs. According to this, item C is correct.

? The interference item in this question is mainly option D. According to Article 118 of the Criminal Procedure Law, "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 3 days and returned to the original owner or the original post and telecommunications organ. In option D, the suspect Niu Qi committed suicide during the investigation, and his frozen deposits and remittances should be reviewed. As the case may be, if it is clear that it has nothing to do with the case after investigation, it should be unfrozen within 3 days, instead of being directly notified by the procuratorate to the financial institution to turn it over to the state treasury.