Measures for the Administration of Confiscated Property in Hebei Province (revised on 20 19)

Article 1 These Measures are formulated in order to strengthen the management of confiscated property, prevent the loss of state-owned assets and protect the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 These Measures shall apply to the management of confiscated property by state judicial organs, administrative organs with the power of administrative punishment, administrative law enforcement organizations authorized by laws and regulations and law enforcement organs entrusted by law (hereinafter referred to as law enforcement organs) within the administrative region of this province.

Where laws, regulations and the financial department of the State Council have other provisions on the management of confiscated property, such provisions shall prevail. Article 3 The term "confiscated property" as mentioned in these Measures refers to fines, confiscated illegal income, confiscated materials and stolen goods that are not returned according to law. Article 4 Confiscated property shall be managed in accordance with the financial management system.

The financial departments of the people's governments at or above the county level shall be in charge of the management of confiscated property within their respective administrative areas. Fifth confiscated property belongs to the state, and no unit or individual may occupy, misappropriate, exchange, privately divide or dispose of it without authorization. Article 6 The enforcement of confiscation by law enforcement organs must be clearly stipulated by laws, regulations or rules, and they shall apply to the judicial administrative department and financial department of the people's government at the same level (except the judicial organs) for a confiscation permit. Township people's governments and sub-district offices that have the right to confiscate property according to law shall obtain confiscation licenses from the judicial administrative departments and financial departments of the people's governments at the county level.

The style of confiscation permit shall be formulated by the provincial judicial administrative department in conjunction with the provincial finance department. Seventh law enforcement agencies to handle the confiscation of permits, shall submit a written application, and attach the basis of laws, regulations and rules. If it meets the requirements after examination, the judicial administrative department and the financial department shall issue a confiscation license within 30 days from the date of receiving the application.

The annual inspection system shall be implemented for the collected licenses. The annual inspection shall be announced by the judicial administrative department and the financial department responsible for issuing the confiscation license through the news media within their respective administrative areas. Eighth law enforcement agencies in the implementation of the penalty of confiscation of property, should be issued to the parties by the provincial finance department issued a unified bill for confiscation of property. Article 9 The following confiscated materials shall be registered by law enforcement organs, reported to the finance department at the same level for examination and approval, and dealt with by relevant departments respectively according to law:

(1) Gold and silver (excluding gold and silver jewelry and handicrafts), tobacco, alcohol and salt shall be handled by China People's Bank, tobacco monopoly, alcohol monopoly, salt affairs and other relevant departments respectively;

(2) Explosive, highly toxic, flammable, radioactive and other dangerous goods, guns and ammunition, controlled knives, drugs, obscene articles and gambling tools shall be handled by the public security department;

(3) Illegal publications such as pirated CDs and pirated movie copies shall be handled by the departments of culture, press and publication jointly with the public security departments;

(4) Drugs, medical devices and cosmetics shall be handled by pharmaceutical supervisory and administrative departments;

(five) cultural relics (including ancient vertebrate fossils and ancient human fossils) prohibited from trading shall be handled by the cultural relics management department;

(six) the national and provincial key protected animals and plants shall be handled by the competent department of wildlife;

(7) Animals and animal products shall be handled by the animal quarantine department. Tenth of the confiscated fresh goods and other perishable goods, law enforcement agencies shall promptly deal with according to law. Article 11 law enforcement agencies shall, within 30 days from the date of closing the case, hand over the confiscated materials that meet the acceptance conditions with complete procedures, clear ownership and no property disputes to the financial department. Confiscated materials that should be destroyed according to law and the provisions of Articles 9 and 10 of these Measures are excluded.

When the financial department receives the confiscated goods, it shall issue a certificate of transfer of confiscated goods uniformly issued by the provincial financial department to the law enforcement organ. Article 12 The confiscated materials of the financial department shall be handed over by the law enforcement department, and after being evaluated by the asset price verification service institution with legal qualifications, the charging management institution shall publicly change the price or entrust an auction institution to auction.

After the auction of confiscated motor vehicles, formalities shall be handled in accordance with the relevant provisions of the state. Article 13 When the financial department and the law enforcement department openly handle and auction the confiscated goods, they shall issue a transaction voucher for the handling of the confiscated goods uniformly issued by the provincial financial department to the buyers. Article 14 The financial department shall, within 15 days from the date of publicly changing the price or entrusting the auction agency to auction the confiscated materials, use the general payment book to turn over all the funds to the state treasury.

The proceeds from the handling of confiscated goods by law enforcement agencies must be turned over to the state treasury within 15 days from the date of handling. Fifteenth law enforcement agencies to make a decision to withhold materials, should be issued to the parties by the provincial finance department issued a unified special bill for withheld materials.

If the materials withheld are handed over with the case, the receiving organ shall issue a transfer certificate of the withheld materials uniformly issued by the provincial financial department to the transfer organ.

After the case is closed, the withheld materials shall be returned to the parties concerned according to law, and the law enforcement organ shall recover the original special bill for withheld materials and indicate it as invalid; If the withheld materials should be confiscated according to law, the law enforcement organ shall issue a special bill for the confiscated materials to the parties, and at the same time recover the original special bill for the withheld materials, and indicate that it is invalid. Article 16 If the original confiscated materials should be returned to the parties according to law due to the punishment decision or wrong judgment made by law enforcement organs, it shall be handled in accordance with the following provisions:

(a) the original materials have not been handled and kept by law enforcement agencies, and the original materials shall be returned by law enforcement agencies;

(two) the raw materials have been handed over to the financial department and have not been processed, and the application shall be submitted to the financial department for verification by the law enforcement organ that made the punishment decision or judgment, and the financial department shall return the raw materials;

(3) If the raw materials have been processed, but the proceeds have not been turned over to the state treasury, they shall be turned over to the state treasury in time, and the law enforcement organ that made the punishment decision shall file an application and report it to the financial department for verification, and the financial department shall issue an income refund book to refund the money from the state treasury;

(4) If the original materials have been disposed of and the proceeds have been turned over to the state treasury, the law enforcement organ that made the punishment decision or judgment shall file an application and report it to the financial department for verification, and the financial department shall issue an income refund book to refund the money from the state treasury.