First, how to deal with the police detaining other people's things without permission?
The handling of articles seized by the police after arresting a person should be carried out according to the specific circumstances: for articles found irrelevant to the case, it should be carried out in accordance with the provisions of Article 118 of the Criminal Procedure Law of People's Republic of China (PRC): "Articles, documents, mails, telegrams or frozen deposits and remittances found irrelevant to the case should be released, frozen and returned to their original owners or original post and telecommunications offices within three days." Physical objects as evidence shall be transferred with the case. If it is not suitable for transfer, the list, photos or other supporting documents shall be transferred with the case. Article 157 of China's Criminal Procedure Law stipulates that public prosecutors and defenders should present material evidence to the court for the parties to identify; Article 150 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Interpretation) stipulates that before the physical evidence is presented, the presenting party shall explain its source and characteristics, and then submit it to the other party for identification. As physical evidence, the people's court finally made a judgment based on the Criminal Procedure Law and the Provisions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security, Ministry of Justice and the National People's Congress Standing Committee (NPCSC) Legislative Affairs Commission on Several Issues in the Implementation of the Criminal Procedure Law. If it is found to be stolen goods, it shall be confiscated and turned over to the state treasury or returned to the victim. If it is found that it has nothing to do with the case, it should be returned to the original owner.
Second, how does the administrative organ fulfill the obligation of sealing up and detaining?
(1) Except as authorized by laws and regulations, no other administrative organ or organization may seal up or detain it. (2) Places, facilities or properties unrelated to illegal acts and daily necessities of individual citizens and their dependents shall not be sealed up or detained, and repeated sealing-up shall not be implemented. (3) Unless otherwise provided by laws and administrative regulations, the time limit for sealing up or detaining shall not exceed 30 days; If the situation is complicated, it may be extended upon approval, but the extension period shall not exceed thirty days. The time limit for sealing up or detaining does not include the time limit for inspection, inspection, quarantine or technical appraisal. (4) Places, facilities or property that the administrative organ should properly keep by itself or entrust a third person shall not be used, damaged or transferred or disposed of without authorization; If losses are caused, it shall be liable for compensation. The storage expenses shall be borne by the administrative organ. (five) after the administrative organ takes the measures of sealing up and detaining, it shall promptly ascertain the facts and make a decision on handling. (6) In case of legal rescission, the administrative organ shall promptly make a decision to lift the seal-up or seizure, and immediately return the property. If fresh goods or other property that is difficult to keep are auctioned or sold, the proceeds from the auction or sale shall be returned.
Third, how to retrieve the items seized by the police station?
Security inspection shall be conducted on the illegal suspects seized or present. If contraband or dangerous goods such as control devices, weapons, inflammable and explosive articles and articles that need to be used as evidence are found, they shall be seized immediately; Articles irrelevant to the case carried by illegal suspects shall be registered, kept and returned in accordance with relevant regulations.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 14 1 of the Criminal Procedure Law.
All kinds of property and documents found in investigation activities that can prove the criminal suspect's guilt or innocence shall be sealed up and detained;
Property and documents irrelevant to the case shall not be sealed up or detained.
The seized and detained property and documents shall be properly kept or sealed, and shall not be used, exchanged or damaged.
Article 142 of the Criminal Procedure Law
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, which shall be signed or sealed by the investigators, witnesses and holders, one for the holder and one for future reference.