What is the behavior of an auxiliary police officer taking something from a prisoner?

Section 6: Seizure of Physical and Documentary Evidence

Article 210: Items and documents found during investigation and search that can be used to prove the guilt or innocence of a criminal suspect shall be seized ; However, items and documents unrelated to the case shall not be seized.

If the holder refuses to hand over the items or documents that should be seized, the public security organs may forcibly seize them.

Article 211 If items or documents need to be seized during on-site investigation or search, the decision shall be made by the on-site commander.

Article 212: The number of investigators to seize items and documents shall not be less than two, and they must hold relevant legal documents or investigators’ work certificates.

Article 213: The seized items and documents shall be carefully checked together with the witnesses present and the holders of the seized items and documents, and a "List of Seized Items and Documents" shall be drawn up on the spot in triplicate. A copy shall indicate the name, number, specification, quantity, weight, quality, characteristics and source of the item or document. After being signed or stamped by the investigators, witnesses and the holder, one copy shall be given to the holder, and one copy shall be handed over to the holder. One copy shall be handed over to the custodian of the public security organ, and one copy shall be attached to the file for future reference.

Article 214: For items and documents that should be seized but are inconvenient to be retrieved, after taking pictures or videotaping, they can be handed over to the holder of the seized items for safekeeping or sealing, and a separate "Seizure of Items, Documents" can be issued separately. "Document List" in duplicate. It should be noted on the list that photos or videos have been taken. The holder of the items and documents should keep them properly and must not be transferred, sold or damaged. The list should be signed or stamped by the investigators, witnesses and holders. One copy should be given to the holder of the item or document, and the other copy should be attached with photos or video tapes for future reference.

Article 215: The seizure of mail, e-mails, and telegrams of criminal suspects shall be subject to the approval of the person in charge of the public security organ at or above the county level, a seizure notice shall be issued, and the post and telecommunications department or network service unit shall be notified of the seizure. Handed over to seizure.

Article 216: When it is no longer necessary to continue to detain, the person in charge of the public security organ at or above the county level shall obtain approval, issue a notice of release of the detainment, and immediately notify the post and telecommunications department or network service unit.

Article 217: Special personnel shall be assigned to properly keep the seized items, documents, mails, emails, and telegrams, and shall not use, replace, destroy, or dispose of them by themselves. If it is found that it is indeed irrelevant to the case, the seizure shall be released within three days and returned to the original owner or the original post and telecommunications department or network service unit.

Article 218: Physical evidence that cannot be transferred with the case shall be photographed; physical evidence and documentary evidence that are easily damaged or deteriorated shall be recorded, drawn, photographed, videotaped, or modeled, etc. be preserved.

For audio recordings, video tapes, and electronic data storage media that can be used as evidence, the cause of the case, object, content, time, location, specification, category, application length, file format and length of admission and copying should be recorded. etc. and keep them properly.

Article 219: For the following seized items and documents that are not suitable for transfer with the case, the originals shall not be kept with the file, but photos shall be taken and stored in the file. The original items shall be properly retained by the public security organs Keep or transfer to the competent department for processing or destruction in accordance with relevant national regulations:

(1) Obscene materials;

(2) Weapons and ammunition, controlled knives, flammable, explosive, dramatic Poisons, radiation and other dangerous goods;

(3) Opium, heroin, morphine, methamphetamine, marijuana and other drugs and drug-making raw materials or preparations, controlled drugs;

(4) Harm National security leaflets, slogans, letters and other promotional materials;

(5) Secret documents, charts and materials;

(6) Rare cultural relics, precious animals and their products, and rare plants and their products;

(7) Other bulky items that are inconvenient to transport.

For items that are perishable and difficult to keep, the relevant departments may be entrusted to sell or auction the items after taking photos or video recordings, and the price of the sale or auction may be determined based on the specific circumstances and with the approval of the person in charge of the public security organ at or above the county level. It is temporarily preserved and will be processed together after the litigation is concluded. After notifying the victim, if the victim fails to collect it more than six months later, it will be confiscated and turned over to the state treasury. If there are special circumstances, the processing can be postponed as appropriate. All stolen money and stolen goods that have been handed over to the financial department, if the owner comes to claim them and is verified to be true, the original confiscation authority will take them back from the financial department and return them. If the original item has been sold, the price should be refunded.

Article 220: Property illegally obtained by criminal suspects and their interest shall be recovered in accordance with the law.

The legal property of the victim and its fruits shall be returned in a timely manner after registration, photography or video recording, and valuation, and the reasons for the return shall be noted in the case file. The procedures are kept on file for future reference.

Article 221: The seized criminal suspect’s property and its interest shall be properly kept for verification. No unit or individual may misappropriate, destroy or dispose of it on their own.

Article 222: Among the seized criminal suspect’s property and interest, the physical objects used as evidence shall be transferred with the case; if it is not suitable to be transferred, their list, photos or Other supporting documents will be transferred with the case. After the People's Court makes an effective judgment, the detaining public security organ shall turn it over to the state treasury or return it to the victim in accordance with the notice of the People's Court, and submit an execution receipt to the People's Court.

Article 223: When the jurisdiction of a case changes, the property related to the case and its interest shall be transferred with the case.

When handing over property, the person receiving and transferring the property shall check it in person, and sign or stamp the handover document together.