What are the provisions of the Criminal Procedure Law to lift the freeze?

The provisions of the Criminal Procedure Law on the lifting of the freeze are as follows:

1. Article 139 stipulates that all kinds of property and documents found in investigation activities that can be used to prove the criminal suspect's guilt or innocence shall be sealed up and detained on the spot; Property and documents irrelevant to the case shall not be sealed up or detained. The property and documents seized or detained shall be properly kept or sealed, and shall not be used, exchanged or damaged.

2. Article 143 stipulates that property, documents, mails, telegrams or frozen deposits, remittances, bonds, stocks, fund shares, etc. Those sealed up or detained shall be released or returned within three days.

There are also provisions in the Criminal Procedure Law: In addition to the freezing clause, if it is found that some of the frozen property or other things have nothing to do with the case, the seizure department shall lift the freezing of the seized items within three days.

The legal provisions of the freezing clause in the criminal procedure law:

1. Article 140 stipulates that the seized or detained property and documents shall be checked clearly with the witnesses present and the holders of the seized or detained property and documents, and a list shall be made on the spot in duplicate, signed or sealed by the investigators, witnesses and holders, one for the holder and one for future reference.

2. Article 141 stipulates that when investigators think it necessary to seize the mail and telegram of a criminal suspect, they must obtain approval from the public security organ or the people's procuratorate. After approval, they can notify the post and telecommunications organs to seize all necessary mails and telegrams. If it is not necessary to continue the seizure, it shall notify the post and telecommunications organs to lift the seizure.

3. Article 142 stipulates that people's procuratorates and public security organs may, when necessary, inquire about and freeze the deposits, bonds, remittances, stocks, fund shares and other relevant property of criminal suspects in the process of investigating crimes, and relevant units and individuals shall cooperate with them. The deposits, bonds, remittances, stocks, fund shares and other properties under the name of the criminal suspect have been frozen and cannot be frozen again.

Extended data:

Article 115: "The parties, defenders, agents ad litem and interested parties have the right to lodge complaints or charges against the following acts of judicial organs and their staff:

1. The compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;

2. The refundable deposit will not be refunded;

3. Take measures of sealing up, distraining and freezing the property irrelevant to the case;

4, should lift the seizure, seizure, freezing and not lifted;

5. Corrupt, misappropriate, share, exchange or use the seized, detained or frozen property in violation of regulations.

The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.

References:

China Law Popularization Network-Decision of the National People's Congress on Amending the Criminal Procedure Law of People's Republic of China (PRC)