Criminal activities, maintaining social order, protecting the country, collective property and the legal property of citizens, and safeguarding society.
The smooth progress of socialist modernization is based on the "Criminal Law of the People's Republic of China" and the "Criminal Law of the People's Republic of China".
This article is formulated in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China and relevant laws and regulations, combined with the actual situation of our province.
Example. Article 2 The property illegally obtained by criminals shall be stolen money and stolen property. Article 3 The people's courts, people's procuratorates and public security organs at all levels in our province investigate and handle criminal cases.
Earned money and stolen goods shall be handled in accordance with these regulations unless otherwise provided by law. The stolen money is not in this book.
If it is within the province, please ask the local people's court, people's procuratorate and public security organs for assistance in recovery and disposal.
. Article 4 Any unit or individual who discovers stolen money, stolen goods or suspicious items that are strictly prohibited from buying, selling or concealing them shall promptly report to the local public security agency or the security organization of the unit. Article 5 The people's courts, people's procuratorates and public security organs shall recover and dispose of illicit money and stolen goods.
Cooperate closely and support each other; customs, taxation, industrial and commercial administration agencies, banks and other relevant units should actively assist and provide convenience. Chapter 2 Principles and Methods of Recovery Article 6 All stolen goods obtained by criminals, including stolen goods discounted or purchased with stolen money.
Both the goods purchased and the stolen money deposited in the bank have earned interest and should be recovered. If it cannot be restored to its original shape, it can be folded.
Price refund. Those who are squandered or spoiled shall be ordered to compensate for the losses. Article 7 Stolen goods that have been sold shall be recovered according to the following circumstances: (1) The buyer knowingly purchased the stolen goods; if the original goods still need to be recovered, the original goods shall be recovered without compensation.
If the original item has been consumed or does not need to be recovered, the purchaser shall be ordered to return the original item at the purchase price; if the original item is repurchased.
Collect variable price; (2) The buyer does not know that it is stolen goods: if the original goods still need to be recovered, the crime will be divided.
The son redeemed the original work at the selling price; if the original work has been consumed or does not need to be recovered, the criminal should compensate for the loss.
; If the original thing still needs to be recovered after it is sold, the criminal or the seller shall redeem the original thing at the original selling price. Article 8 Weapons, ammunition, explosives, toxic substances and radioactive substances illegally obtained by criminals.
Drugs, obscene items, superstitious items and other contraband items will be confiscated. Article 9 A criminal's redemption of stolen goods or compensation for losses shall be paid from his economic income or his own property.
Production discounts. In the case of Item (2) of Article 7, the recovered stolen goods may be used as collateral. Juvenile criminals with no financial income or property shall be properly handled by their parents or other guardians.
Compensation for losses unless the unit acts as guardian. Article 10 The buyer does not know that the property is stolen and the criminal is unable to redeem it or compensate the owner for the loss.
Mediation will be conducted based on the actual situation of the buyer and the seller and in accordance with the principle of sharing economic losses.
If mediation fails, the people's court, people's procuratorate or public security organ shall decide to implement the case. Article 11 The buyer refuses to hand over stolen property that requires the handover or filing of a crop certificate.
According to the provisions of Article 34 of the "Criminal Procedure Law of the People's Republic of China", after trial by the People's Court, the People's Procuratorate or the public security agency shall confiscate it in accordance with the law. Chapter 3 The custody and handling of stolen money and property recovered in Article 12 must be registered by the case-handling agency, and the person in charge shall be properly responsible.
Keep it well and do not allow it to be withheld, commissioned or shared privately. It is not allowed to be damaged, misappropriated, replaced or misappropriated. It is not allowed to be stolen.
Okay, auction. Article 13 People’s courts, public security police stations, agencies, groups, enterprises and institutions.
The stolen money and stolen goods collected by the health organization must be listed one by one and handed over in a timely manner to the personnel at the county, municipal or district level.
The People's Court, the People's Procuratorate or the public security organ. Article 14 During the course of criminal proceedings, the recovered stolen money and stolen goods shall be transferred with the case. Among...
Valuable items that are inconvenient to handle and need to be properly kept, as well as stolen money and stolen property that must be handled first in accordance with the provisions of these regulations.
As well as contraband, the list and physical photos must be transferred with the case.
Article 15 The recovered stolen money and stolen goods shall be inspected by the people's courts and people's procuratorates at or above the county level.
The procuratorate and public security organs will handle the matter. The stolen money and property in cases decided by the People's Court shall be included in the judgment.
Make a decision; the stolen money and property in cases handled directly by the People's Procuratorate or the Public Security Bureau should be collected
A decision will be made after the case is closed. Article 16 The recovered stolen money and stolen property shall be handled by the case-closing agency according to the following circumstances: (1) The property robbed, stolen, defrauded, snatched, or extorted belongs to an agency or group.
And state-owned enterprises and institutions, except where the unit has reported the case and been judged by the People's Court or People's Procuratorate.
If the public security organ decides to return it to the original unit, it shall be turned over to the state treasury; collective welfare institutions such as collective ownership units or collective ownership parties
collection fees, group fees, trade union fees, employee canteens and other collective welfare institutions The property belonging to an individual shall be returned to the original unit;
The legal property belonging to an individual shall be returned to the individual; (2) The embezzled property shall be the same if it belongs to agencies, groups and state-owned enterprises and institutions.
Turn over to the national treasury; others are returned to their original owners; (3) Smuggling, speculation, human trafficking, bribery and bribery, and gambling.
Illegal gains, regardless of units or individuals, will be confiscated and turned over to the state treasury; (4) Article 7 (1), the buyer should return the compensation or change the price, but the criminals are unable to return the compensation. Except gold.
It can be used to compensate the owner for his losses, and the rest will be confiscated and turned over to the national treasury. Article 17 All confiscated contraband shall be confiscated, except that it shall be archived and preserved as criminal evidence.
. Among them, weapons, ammunition, explosives, toxic substances, radioactive substances and narcotics are distributed to the competent authorities in a timely manner.
Obscene items should be handed over to the public security organs for processing; superstitions should be handled by the secluded institutions themselves.
Cultural artworks with preservation value should be sent to the competent authorities for processing. Article 18 The following stolen money and stolen goods may be handled by the case-handling agency before the case is closed; (1) property that should be returned to the owner and does not need to be transferred with the crop certificate; (2) commodities that are perishable and spoilable can be entrusted to the commercial department for sale. It has gone bad and cannot be sold.
Items can be destroyed by themselves. The stolen money and stolen goods that have been processed first must be registered and photographed one by one, and a written explanation must be made and stored in the file.
. Article 19 The property shall be returned to the owner, and the case handling agency shall actively search for the owner and shall not borrow it.
So don’t hold back. The owner cannot be found within six months after the case is closed, or the owner is not collected within six months after being notified.
, turned over to the national treasury. If there are legitimate reasons, it can be extended, and if it has been turned over to the national treasury, it can be withdrawn from the treasury.
. Article 20 In principle, stolen goods that have only the owner and buyer but no criminals will not be processed.
Return to the owner after finding the criminal. In case of special circumstances, Articles 7 and 10 shall apply.
Provisions to handle in advance. Article 21 Illegal proceeds and stolen goods shall be turned over to the state treasury or handed over to relevant departments for processing.
For prohibited items, the handling unit shall make a list item by item, and the financial agency or relevant department shall issue a receipt; return
The owner's property shall be collected by the unit or individual on his behalf. Chapter 4 Rewards and Punishments Article 22 If any of the following circumstances occurs, the people's court, people's procuratorate or public security organ shall
give praise or reward: (1) Take the initiative to hand over the stolen money and actively provide relevant information; (2) Reporting and exposing the purchase, concealment, and sale of stolen goods or providing important clues, which are verified to be true; (3) Taking the initiative to report or assist in catching criminals when discovering criminals selling stolen goods; (4) Assisting the People's Court and People's Procuratorate and the public security organs to recover stolen money and stolen goods.
Achievements. Article 23 Relevant reward standards and required funds shall be formulated by the Provincial Higher People's Court and the Provincial People's Court.
The Procuratorate, Provincial Public Security Department and Provincial Department of Finance shall stipulate separately. Article 24 Anyone who commits one of the following acts shall be given administrative sanctions and political punishment according to the seriousness of the case; if it constitutes a crime, he shall be investigated for criminal responsibility in accordance with the law: (1) Being an informed purchaser or violating the law If the perpetrator provides a confirmation letter, invoice or other convenient conditions,
notify the person who stole the money or stolen goods; (2) Concealing the source, whereabouts and sale of stolen goods, or deliberately committing perjury.
Harboring criminals; (3) Purchasing, processing, distributing or reselling stolen goods in violation of relevant national regulations; (4) Obstructing or resisting state personnel from recovering stolen money and stolen goods in accordance with the law; (5) Knowingly knowing that they are stolen goods, or Hiding and selling stolen goods for criminals; (6) Deliberately destroying stolen money and stolen goods; (7) The custodian's negligence causing the stolen money and stolen goods to be lost, damaged, rotten, and deteriorated; (8) The custodian unit or custodian personnel take advantage of their authority to embezzle and distribute privately. , misappropriation, exchange or misappropriation.
Using or handling stolen money or property without authorization; (9) Other acts that violate these regulations. Article 25: State agencies, groups, enterprises, public institutions and collective economic organizations violate Article 25.
Article 24 stipulates that if the circumstances are serious, in addition to the person directly responsible, the unit should also be held accountable.
Responsibilities of supervisory leaders. Chapter Name Chapter 5 Supplementary Provisions Article 26 Personal belongings and contraband used in crimes shall be recovered in accordance with the provisions of these regulations.
Processing. Article 27: Labor reform and reeducation through labor agencies shall examine illegal and criminal cases of criminals and reeducation through labor personnel.
Security organizations, agencies, groups, enterprises and institutions are responsible for cracking down on general criminal cases and investigating and handling public security cases.
If you need to recover and deal with stolen money or property, you can refer to the principles of these regulations. Article 28 These Regulations shall come into effect on the date of promulgation. www.enterlaw.netEnterprise Law Network