Regulations on property management involved in the case?

In order to further promote the standardization of law enforcement and strengthen the management of property involved in cases by public security organs, the "Several Provisions on the Management of Property Involved in Cases by Public Security Organs" have been formulated. Below I will introduce relevant information to you, hoping it will be helpful to you.

Article 1 In order to further standardize the management of property involved in cases of public security organs, protect the legitimate rights and interests of citizens, legal persons and other organizations, and ensure the smooth progress of case handling, these regulations are formulated in accordance with relevant laws, regulations, and rules.

Article 2 The property involved in the case as mentioned in these regulations refers to the seizure, sealing, freezing, detention, retrieval, advance registration and storage, and sampling and evidence collection by the public security organs in accordance with the law during the handling of administrative cases and criminal cases. Items and files related to the case that need to be used as evidence that are extracted or fixed by means of recovery, seizure, etc., including:

***-*** proceeds of illegal crimes and their accruals;

***2*** Tools used to commit illegal and criminal acts;

***3*** Other items that can prove the occurrence of illegal and criminal acts and the seriousness of the illegal and criminal acts and file.

Article 3: The management of property involved in cases adheres to the principles of separation of case handling and management, clear sources and destinations, timely handling in accordance with the law, and full acceptance of supervision.

Article 4 The public security organs must manage the property involved in the case strictly in accordance with the law. No unit or individual may intercept, seize, distribute, misappropriate, embezzle, exchange, damage or dispose of the property involved without authorization.

Properties involved in the case involving state secrets, commercial secrets, and personal privacy must be kept strictly confidential.

Article 5: Each case-handling department of the public security organ shall implement unified management of the property involved in the case, and designate police officers who are not responsible for specific case-handling work to be responsible for the reception, custody, transfer and other management of the property involved in the case; it is strictly prohibited to handle the case by The personnel shall keep the property involved in the case themselves.

In qualified provinces, autonomous regions, and municipalities directly under the Central Government, public security organs at all levels should establish or designate special storage locations and accounts, and designate a department to handle all case-related property or case-related money and relatively valuable items handled by each case-handling department. Some property involved in the case that is large and difficult to manage shall be subject to centralized and unified management; provinces, autonomous regions, and municipalities that do not currently have the conditions shall first implement centralized and unified management in some municipal or county-level public security organs with better conditions.

Article 6 Public security organs at all levels should improve the management system for property involved in the case, establish a special ledger, and register all property involved in the case by number one by one, specifying the cause of the case, source, storage status, location and destination. The property involved in the case will be included in the law enforcement case-handling information system, and real-time, dynamic, and information-based management will be carried out in accordance with the investigation, supervision, transfer, case file archiving and other case-handling procedures and legal time limits.

The disciplinary inspection, supervision, police inspection, audit, legal and other departments of the public security organs shall supervise the management of property involved in the case within the scope of their respective powers.

Article 7 The storage location and storage measures for the property involved in the case shall be suitable for the characteristics of the property being kept and comply with safety requirements such as fire prevention, theft prevention and anti-corrosion; different types of property involved in the case shall be classified or kept separately.

No one is allowed to enter the place where the property involved in the case is kept without the approval of the person in charge of the case handling department and the property management department involved in the case.

Article 8 When case investigators withdraw or fix property involved in a case, they must perform relevant legal procedures and issue corresponding legal documents in accordance with the statutory permission, scope and conditions, procedures, and time limits.

Article 9: After collecting the property involved in the case in accordance with the law, the case handlers shall hand over the property to the property management personnel involved within 24 hours and go through the transfer procedures; if the case is handled in a remote place or in a remote or inconvenient area, , the transfer procedures should be completed within 24 hours after returning to the case-handling unit; if the administrative case has disposed of the property involved within 24 hours after withdrawal, the transfer procedures will no longer be processed.

If the situation is urgent and it is necessary to carry out identification, identification and other work within 24 hours after the extraction, with the approval of the person in charge of the case handling department, the person involved in the case can be transferred within 24 hours after the above work is completed. The property is handed over to the property management personnel involved in the case and the handover procedures are completed.

Article 10 The property management personnel involved in the case shall check and register the property involved in the case handed over by the case handlers on the spot against the relevant legal documents, and sign or seal it together with the case handlers.

If legal documents are missing or necessary matters are incompletely recorded in the legal documents, the case handlers should be required to complete them.

Article 11: Due to the needs of interrogation, appraisal, identification, inspection, inspection and other case handling work, with the approval of the person in charge of the case handling department, case handling personnel may call the property management personnel involved in the case to report the property involved. Property involved in the case may not be used except for the needs of handling the case itself.

The property management personnel involved in the case shall register the caller, call time, reason for the call, the status of the property involved in the call, the approver and other matters in a special register, and the case handling personnel and property management personnel involved** *With signature or seal.

When the case handlers return the property involved in the case, the management personnel of the property involved in the case should conduct inspection and verification. For damage, shortage, replacement, loss, etc., the property management personnel involved in the case shall record the facts truthfully and report to the person in charge of the case handling department and the person in charge of the property management department involved in the case.

If the case handling personnel fails to return the property involved in the case according to the registered call time, the property management personnel involved in the case shall report to the person in charge of the case handling department and the person in charge of the property management department involved in the case. The person in charge of the case-handling department shall order the case-handling personnel to immediately return the property involved in the case; if there is a real need to continue calling for the property involved, they shall be ordered to go through extension procedures.

Article 12: For property involved in the case that is seized, sealed, frozen, registered and stored in advance and is not in the custody of the public security organs, the case handlers shall, within 24 hours after taking relevant measures, report the name of the case, illegal The name of the perpetrator or criminal suspect, the measures taken, the name, quantity, status, storage location, etc. of the items involved in the case are reported to the property management personnel involved, who will register them.

Article 13 The management personnel of the property involved in the case handling department shall, within 24 hours after receiving the seized property involved in the case or registering the seizure, sealing, freezing, or prior registration and storage of the property involved in the case, the relevant legal documents A copy or photocopy shall be submitted to the police inspection department at the same level for record.

Article 14 The public security organs shall promptly handle the transfer, return, sale, auction, destruction, and surrender of the property involved in the case to the state treasury in accordance with relevant legal provisions.

For the following contraband or items and files that are not suitable for transfer with the case or are difficult to keep, they shall be handled in accordance with Article 162 of the "Procedures for Handling Administrative Cases by Public Security Organs" and the "Procedures for Handling Criminal Cases by Public Security Organs" The provisions of Article 219 of the Provisions deal with:

***1*** Obscene materials, pornography and other contraband;

***2** *Utensils for smoking and injecting drugs, drug raw materials or preparations, and controlled drugs;

Armicide weapons and ammunition, controlled knives, flammable, explosive, highly toxic, Radiation and other dangerous goods;

***Four*** leaflets, slogans, letters and other propaganda materials that endanger national security;

***Five*** secret files, Chart information;

***Six*** precious cultural relics, precious animals and their products, rare plants and their products;

***Seven*** bulk, inconvenience Items to be transported;

***8*** Items that are easily perishable and deteriorate and other items that are difficult to store.

Article 15: For property that is found to be irrelevant to the case or does not need to be seized, detained, or retrieved, as well as legal property belonging to the victim and its interest, the public security organs shall, in accordance with relevant laws and regulations, Return promptly within the time limits specified by regulations.

The recipient should be the legal right holder of the property involved in the case or the person entrusted by him, and case handlers or other staff members of the public security organ may not collect it on his behalf.

Article 16: When the public security organs take punishment or compulsory measures that restrict personal freedom against illegal perpetrators or criminal suspects in accordance with the law, they shall register the property they carry with them that has nothing to do with the case, and handle the case. After the personnel and the illegal perpetrator or criminal suspect have signed or stamped their signatures, they shall notify the illegal perpetrator, criminal suspect's family members or their entrusted persons to collect it, and the notification shall be recorded in the record, and shall not be seized as property involved in the case.

If it is impossible to notify or the person to be notified refuses to take it back, the public security organ shall indicate the situation on the registration list, which shall be signed by the case handler, the illegal perpetrator or criminal suspect and the police officer at the supervision place or After being stamped, it will be temporarily kept by the supervision place in accordance with relevant regulations.

Article 17: If the offender, criminal suspect, or their family members, relatives and friends provide the victim with items for return or compensation, the public security organ shall notify them to deliver the items directly to the victim or their family members, and shall return the items for compensation or compensation. Inform the public security organs of the situation promptly. The public security organs shall not seize or temporarily store refunds or compensation items as property involved in the case.

If the victim or his family members are unwilling to accept it in person, the public security organs can record their bank account number, notify the offender, criminal suspect, or their family members, relatives and friends, and remit the refund or compensation to the victim or his family members. 's bank account.

The public security organ shall attach a photocopy of the compensation agreement or delivery procedure between the two parties, and record the performance of the compensation on file.

Article 18: The public security organs shall detain the vehicles involved in the case that are seized and need to be used as evidence in accordance with the law; the public security organs may detain the vehicles involved in the traffic accident in accordance with the law for the purpose of collecting evidence. However, vehicles unrelated to the case shall not be impounded or detained.

Article 19: When the case-handling department seizes or detains a vehicle involved in a case, it shall carefully inspect the characteristics of the vehicle, carefully count the items in the vehicle, make a seizure list or a voucher for administrative compulsory measures on the spot, and include detailed information in the list or voucher. Clarify the basic information of the parties, cause of action, make and model, identification code, license plate number, mileage, important equipment, body color, vehicle condition, etc.

After the case handling department seizes and detains the vehicle involved, it shall hand it over to the property management personnel involved in the case in accordance with regulations, and the property management personnel involved will seal the vehicle involved and seal it.

Article 20: The public security organs shall establish a special ledger of vehicles involved in the case, carry out serial number registration of all the vehicles involved in the case, strictly manage it, and keep it properly. Except for legal reasons, the vehicle involved in the case may not be called without the approval of the person in charge of the public security organ at or above the county level.

The handling of unowned vehicles or vehicles involving disputed ownership shall be decided through collective discussion by the responsible persons of the public security organs at or above the county level, and relevant procedures shall be completed in accordance with legal provisions.

Article 21 The public security organs shall include the management of property involved in the case into the scope of law enforcement supervision and law enforcement quality assessment; regularly or irregularly organize relevant departments to verify the property involved in the case managed by the agency and the case handling department to prevent The property involved in the case is damaged, lost or misappropriated, and the property is not handed over, transferred, returned or disposed of in a timely manner as required; if it is discovered that illegal measures have been taken or improper management is found, the relevant departments shall be ordered to make corrections in a timely manner.

Article 22: When examining and approving a case, the person in charge of the public security organ shall conduct a strict review of the property involved in the case. If it is found that the measures taken or the handling of the property involved are illegal or inappropriate, he shall order the relevant persons to The department corrected it immediately.

When auditing a case, the legal affairs department finds that the measures taken or the handling of the property involved in the case are illegal or inappropriate, it shall notify the case handling department to make corrections in a timely manner.

Article 23 If a case handler commits any of the following acts, he shall be criticized or punished in accordance with relevant regulations based on the circumstances and consequences of his acts:

***1* **Failure to issue relevant legal documents to the parties concerned in accordance with regulations;

***After the second *** extracted the property involved, he failed to hand over the property involved to the property manager within the prescribed time limit without justifiable reasons. ;

***Three*** shall return the relevant property to the party concerned in accordance with the law but refuses to do so;

***Four***Other violations.

Article 24 If the property management personnel involved in the case do not strictly perform their custody duties and commit any of the following acts, they shall be criticized or punished in accordance with relevant regulations based on the circumstances and consequences of their acts:

***1*** failed to strictly perform registration, handover, calling and other procedures for the property involved in the case in accordance with regulations;

***2*** caused the loss or damage of property due to improper management ;

***Three*** found that the investigators did not transfer or use the property involved in the case in accordance with regulations and failed to report it in a timely manner;

***Four***Others were not strictly performed The conduct of management responsibilities.

Article 25 Relevant leaders and staff who intercept, confiscate, privately distribute, misappropriate, embezzle, exchange, damage or handle the property involved without authorization shall be punished in accordance with relevant regulations; if a crime is constituted, Investigate criminal liability in accordance with the law.

Article 26: If the public security organ and its staff violate the rules and cause losses to the parties concerned, the public security organ shall compensate the parties in accordance with the law and order the relevant leaders and staff who have committed intentional or gross negligence to bear part or All compensation costs.

Article 27: According to these regulations, local public security organs may formulate implementation rules based on local actual conditions, specifically regulate the management of property involved in the case, and report them to the next higher level public security organ for record.

Article 28 These regulations will come into effect on January 1, 2011. If the normative files previously formulated by the Ministry of Public Security regarding the management of property involved in the case are inconsistent with these regulations, these regulations shall prevail; if relevant laws, administrative regulations, and rules provide otherwise, such regulations shall prevail.