Which of the following options is correct about how to seize, seal up and freeze property in criminal proceedings? (Question 72 of Examination Paper II in 2007)

[Test site] Seizure of physical evidence, freezing of deposits and remittance

[Resolution] Article 198 of the Criminal Procedure Law clearly stipulates the custody and disposal of seized and frozen articles. The public security organ, the people's procuratorate and the people's court shall properly keep the property of the detained or frozen criminal suspect or defendant and the fruits thereof for verification. No individual of any unit may misappropriate or dispose of it by himself. The legal property of the victim. Should be returned in time. Prohibited articles or articles that are not suitable for long-term preservation shall be handled in accordance with relevant state regulations. Physical objects as evidence shall be transferred with the case. If it is not suitable for transfer, the list, photos or other supporting materials shall be transferred with the case. After the judgment of the people's court takes effect, the seized and frozen money and stolen goods and their fruits shall be confiscated and turned over to the state treasury, except those returned to the victims according to law. Judicial personnel who embezzle, misappropriate, privately divide the seized or frozen money and stolen goods and their improper interests shall be investigated for criminal responsibility according to law; Those who do not constitute a crime shall be punished. The TV set in option A belongs to the legal property of the victim Li Si. The public security organ should return it in time, and item A is correct.

Article 2 19 of the Regulations of the Ministry of Public Security stipulates that the following articles and documents that are not suitable for transfer with the case should not be kept with the volume, and should be photographed and stored. The original should be properly kept by the public security organ or handed over to the competent department for disposal or destruction according to the relevant provisions of the state: (1) obscene articles; (2) Weapons and ammunition, controlled knives, inflammable, explosive, toxic, radioactive and other dangerous goods; (three) opium, heroin, morphine, ice, marijuana and other drugs and their raw materials or preparations, controlled drugs; (four) leaflets, slogans, letters and other promotional materials that endanger national security; ⑤ Secret documents, charts and data; (6) Precious cultural relics, precious animals and their products, rare plants and their products; (seven) other bulky items that are inconvenient to carry.

According to the above provisions, heroin used as evidence in option B should not be transferred to court for cross-examination, but its list, photos or other supporting documents should be transferred with the case. Therefore, the statement that option B "heroin used as evidence should be transferred to the court for cross-examination" is wrong.

Article 290 of the Interpretation of the Criminal Procedure Law stipulates that physical objects as evidence, including currency and securities as physical evidence, shall be transferred with the case. Paragraph 2 of Article 29 1 stipulates that: When accepting a case, the people's court shall examine whether the seized or detained currency or securities are accompanied by original photos, lists or other supporting documents. According to paragraph 1, paragraph 3 of Article 48 of the Regulations on Six Organs, if the seized money and stolen goods are not transferred according to law, the evidence list, photos or other supporting materials shall be transferred with the case. After the people's court makes an effective judgment, it shall notify the seizure and detention organ to turn it over to the state treasury, and the seizure and detention organ shall send an execution receipt to the people's court. According to the above regulations, option C is correct. Note: In principle, stolen money, securities and other stolen money as physical evidence should be transferred with the case, but not according to law. The list of evidence, photos or other supporting materials shall be transferred with the case, and after the people's court makes an effective judgment, it shall notify the seizure organ to turn it over to the state treasury.

Article 1 18 of the Criminal Procedure Law stipulates that if the seized articles, documents, mails, telegrams or frozen deposits and remittances are found to be really irrelevant to the case, the seizure and freezing shall be lifted within 3 days and returned to the original owner or original post and telecommunications organ. In item D, the suspect Niu Qi committed suicide during the investigation. If it is found that his frozen deposits and remittances are really irrelevant to the case, they shall be thawed within 3 days, and the procuratorial organ shall not notify financial institutions to turn over the frozen deposits and remittances to the state treasury without ascertaining the situation. Item d violates the law and is wrong.

There are two traps in this problem: one is how to deal with the physical evidence that is not suitable for retrieval. According to the relevant provisions of the Criminal Procedure Law, the physical objects used as evidence should be taken in principle, but if they are not suitable for taking, they can be taken without physical objects, and their lists, photos or other supporting documents can be taken. The second is to deal with seized articles, documents, mails, telegrams, frozen deposits and remittances. If the seized articles, documents, mails, telegrams or frozen deposits and remittances are found to be really irrelevant to the case, they shall be released within three days and returned to the original owner or the original post and telecommunications organ. No organ may directly turn over the seized or frozen articles, deposits and remittances to the state treasury.

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