Provisions on the transfer of articles in criminal cases

Legal analysis: In the process of criminal investigation, if the case is transferred, some articles or evidence involved must be transferred accordingly. China's criminal procedure law has clear provisions on the transfer of some physical evidence in the process of criminal case investigation, which requires public security organs at all levels to abide by.

Legal basis: Article 219 of the Criminal Procedure Law of People's Republic of China (PRC), for the following articles and documents that are not suitable to be transferred with the case, the original objects should not be kept with the volume, but should be photographed and stored, and the original objects should be properly kept by the public security organs or transferred to the competent authorities for disposal or destruction in accordance with relevant state regulations:

(1) Obscene articles;

(two) weapons and ammunition, controlled knives, inflammable, explosive, toxic, radioactive and other dangerous goods:

(3) Drugs such as opium, heroin, morphine, ice and marijuana, as well as raw materials and controlled drugs for manufacturing drugs or preparations;

(four) leaflets, slogans, letters and other promotional materials that endanger national security;

(5) Secret documents, charts and materials;

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

(seven) other bulky items that are inconvenient to carry.

For perishable items that are difficult to preserve, according to the specific circumstances, with the approval of the person in charge of the public security organ at or above the county level, the relevant departments may be entrusted to sell or auction after taking photos or videos, and the price of the sale and auction shall be temporarily preserved until the end of the lawsuit. After notifying the victim, it will be confiscated and turned over to the state treasury if it is collected in the future for more than half a year. If there are special circumstances, it may be postponed as appropriate. The money and stolen goods that have been sent to the financial department for treatment, and the owner has come to claim them and verified them, shall be returned from the financial department by the original confiscation organ. If the original has been sold, the price shall be refunded.