The criminal has been sentenced. Can his family get his mobile phone back? What kind of procedures are there?

If the mobile phone is a tool involved in the case, it cannot be returned. If it is found to be irrelevant to the case, the seal, seizure, and freezing should be lifted within three days and returned.

According to Article 141 of the Criminal Procedure Law of the People's Republic of China, various properties and documents discovered during investigation activities that can be used to prove the guilt or innocence of a criminal suspect, It shall be sealed up and detained; property and documents irrelevant to the case shall not be sealed up or detained.

Seized and detained property and documents must be properly kept or sealed and must not be used, exchanged or destroyed.

Article 145: If the property, documents, emails, telegrams or frozen deposits, remittances, bonds, stocks, fund shares and other properties that have been seized or detained are found to be irrelevant to the case, , the seal, seizure, and freezing shall be lifted within three days and returned.

Extended information

Criminals will have all their property confiscated under the following circumstances

1. Crimes endangering national security are the primary targets for property confiscation.

Chapter 1 of the Criminal Law, "Crimes of Endangering National Security", stipulates that the articles with statutory penalties are industrial and health articles. According to the provisions of Article 113 of the Criminal Law, all crimes committed in these articles can be punished by confiscation of property.

The reason why all crimes endangering national security can be punished with confiscation of property is mainly because the crime of endangering national security is the most serious type of crime. The main penalty alone is not enough to reflect the difference between it and ordinary crimes. differences in sentencing for certain crimes. The additional penalty of property confiscation can reflect in the sentencing that it is a more severe punishment than ordinary crimes, and it also deprives it of the material conditions for committing a crime.

2. Economic crimes and profit-seeking crimes are important targets of property confiscation.

The criminal law stipulates that such crimes can be punished with confiscation of property, such as: serious crimes such as smuggling, forging documents, forging counterfeit currency or transporting counterfeit currency that undermine the order of the socialist market economy; robbery, corruption and other violations of property Crimes;

Luring and accommodating women for prostitution, manufacturing, selling, transporting drugs and other crimes that impede social management order, illegally planting drug raw plants, smuggling, producing, selling and disseminating obscene materials, organizing and forcing Crimes of prostitution by others, crimes of abducting women and children, etc.

Applying property confiscation to these criminals not only gives due punishment to crimes committed by greed for money, but also deprives them of the necessary material conditions to continue their criminal activities.

Chinese Government Website-Criminal Procedure Law