Article 141 of China's Criminal Procedure Law stipulates that all kinds of property and documents discovered during investigation activities that can be used to prove the guilt or innocence of a criminal suspect shall be sealed and seizedAssets and documents unrelated to the case must not be sealed or seized. Property and documents that have been sealed or seized should be properly kept or sealed, and must not be used, exchanged, or damaged.
The above-mentioned basic provisions on sealing and seizure have already explained the scope of sealing and seizure of items, mainly including property and documents related to the case, including land, houses, ships, aircraft, machinery and equipment, criminal suspects' mail, e-mails, telegrams, criminal suspects' deposits, remittances, bonds, shares, and other property.
Where sealed or seized property is found to be unrelated to the case, the sealing or seizure shall be lifted within 3 days and returned to the original owner;Where the original owner is not clear, an announcement shall be made to inform the original owner to claim it. Where no one claims it within 6 months of notifying the original owner or making the announcement, it is to be handled as unclaimed property, and after registration, it is to be handed over to the state treasury.
After the facts of the crime are verified to be true, where there is evidence showing that the ownership is clear and undisputed, and the return does not harm the interests of other victims or interested parties, and does not impact the normal handling of the case, after registration, photographing, audio or video recording, and valuation, it shall be reported to the responsible person at a public security organ at the county level or above for approval, and a list of returns shall be issued, and the reasons for return shall be noted in the case file materials, and the original items**, the list of returns, and the victim's collection procedures shall be stored in the case file for future reference. Where the victim cannot be found, or no one collects it after notifying the victim, the relevant property and its proceeds shall be transferred with the case.
Items that are easily damaged, lost, decayed, or deteriorated and are not suitable for long-term storage, or that are difficult to keep, may be sold or auctioned by the relevant departments after taking photographs or audio or video recordings, and the proceeds from the sale or auction are to be temporarily preserved, to be handled together after the litigation is concluded.
Contraband shall be handled in accordance with the relevant provisions of the state;Where it is necessary to use it as evidence, it shall be handled after the conclusion of the litigation.
If the investigating organ fails to strictly implement the relevant sealing or seizure measures in accordance with the above-mentioned provisions, the person who has been sealed or seized may submit opinions or complaints to the case-handling organ, and if it fails to resolve the matter, it may also apply to the procuratorate at the same level for supervision or submit a complaint to the procuratorate at the next higher level.